Service Level Agreement

2. Client Responsibilities

2.1 Required Timely Responses

The Client must respond to all One Firefly requests, feedback, approvals, and clarifications within 3 business days.

2.2 Automatic Approval

If the Client does not respond within 3 business days:

• The relevant deliverable will be deemed approved, and
• One Firefly may proceed with production without further notice.

This eliminates preventable project delays.

2.3 Client-Supplied Information

The Client is solely responsible for:

• Accuracy of all information, content, addresses, and data supplied
• Confirming proper licensing for all materials provided
• Ensuring supplied content does not infringe on any third-party rights

Client indemnifies One Firefly for any issues arising from inaccurate, incomplete, or unlawful materials.

3. Project Process & Timeline

All timelines begin only after (a) payment is received and (b) the Client provides all required onboarding materials.

3.1 Development (10 Business Days)

Design of postcard, address targeting, and tracking setup and testing.

3.2 QC Review Meeting

A Project Manager reviews:

• Design approval
• Targeting confirmation
• Tracking verification

3.3 Printing & Mailing (3–5 Business Days)

Begins after written approval of all assets. Postcards are printed and mailed daily as new targeted records are available.

3.4 Timeline Disclaimers

All timelines are estimates, not guarantees. One Firefly is not liable for delays caused by:

• Client delays
• USPS
• Print or mail vendors
• Supply chain disruptions
• Third-party technology or outages

6. Mailing & USPS Liability Disclaimer

Once postcards are delivered to USPS:

• One Firefly bears no responsibility for mailing delays.
• One Firefly is not liable for misdelivery, lost mail, or USPS operational issues.
• Delivery dates and arrival times are not guaranteed.

7. Performance Disclaimer

7.1 No Guarantee of Leads or ROI

One Firefly does not guarantee:

• Response rate
• Lead volume
• Sales performance
• ROI
• Website conversions
• Chat engagement

Marketing performance is subject to numerous external factors outside One Firefly’s control.

7.2 Tracking Tools

Tracking tools (QR codes, call tracking, forms, chat) are provided on an “as available” basis and may be subject to outages or vendor limitations.

8. Cancellations, Renewals, and Term

8.1 Campaign Commitment

Luxepost is sold as a recurring subscription service providing up to [specified quantity] postcards per month.

8.2 Cancellation

To cancel a campaign, written notice must be provided prior to the first day of the effective month, subject to the following timelines:

• 30 days’ prior written notice for campaigns with monthly quantities of 150 postcards or more.
• 60 days’ prior written notice for campaigns with monthly quantities of fewer than 150 postcards.

Call tracking will be removed 90 days after the last postcard is mailed.

8.3 No Refunds

All payments are nonrefundable, regardless of campaign status or Client participation.

9. Payment Terms

Payment is due before onboarding begins. Failure to pay pauses all work.

Payments will be collected monthly. One Firefly will put forth every effort to collect these payments within the first 3-5 business days of the month. One Firefly highly recommends providing credit card or ACH information so that payment may be drafted on the Client’s behalf. 

Late Payments

For Clients that choose to process their own payments, those payments must be received no later than the 5th of the month. Should payment be received after the 5th of the month, the Client will be subject to a late fee of 3% of the most recent invoice total. 

If 1 month of Luxepost services has been invoiced and payment has not been received, One Firefly will pause all Luxepost services, pending payment in full.

For any invoice that is outstanding for greater than 90 days, One Firefly reserves the right to send all outstanding Client invoices to collections.

One Firefly strives to provide clear, effective communication such that there is no question as to the financial standing of the Client - it is never the company’s goal to send clients to collections.

10. Force Majeure

One Firefly is not liable for delays or inability to perform due to causes beyond its reasonable control, including but not limited to:

• USPS delays
• Vendor failures
• Natural disasters
• Internet outages
• Pandemics
• Government actions
• Labor shortages

Performance will resume when conditions permit. In the event of a delay that endures longer than thirty days, either party may terminate the impacted services without further liability.

11. Miscellaneous

11.1 Entire Agreement

This SLA + Legal Terms & Conditions constitute the entire agreement.

11.2 Updates

One Firefly may update the SLA at any time; updated versions apply immediately and are linked in invoices and receipts.

Data Privacy & Data Collection

Both One Firefly and the Client have unique obligations under data privacy laws and regulations such as the General Data Protection Regulation (“GDPR”) and California Consumer Privacy Act (“CCPA”). It is important to define the roles of both parties to protect One Firefly, the Client, and the consumers whose data is being collected.

1. Data Privacy. Where One Firefly’s scope of work includes the use of Client data or information, or consumer information assembled or processed by Client (collectively, “Data”), Client acknowledges and understands that One Firefly’s scope of work does not include ensuring compliance with U.S. federal or international data privacy regulations. The Client will be responsible for providing any and all specifications concerning use of any Data provided to One Firefly, including consistently updating and utilizing any Data Privacy Form provided by One Firefly to Client or a similar document mutually agreed upon by both parties. The Client must also indemnify and hold One Firefly harmless from the Client’s negligence or other failure to comply with applicable privacy or data security laws and regulations, rules, or industry codes and guidelines, including the CCPA or GDPR.
2. Website Data Collection. Where One Firefly’s scope of work includes the design and development and/or maintenance of Client’s website or app, Client acknowledges that Client is solely responsible for compliance with data privacy regulations and laws regarding any Data collected or stored by the website and/or app including, without limitation, the provision of website contracts such as privacy policies and cookie disclaimer, obtaining legal counsel to conduct a legal review of the website or app, and/or adapting additional security and access measures regarding such Data. The Client agrees that One Firefly will not have any responsibility or liability with respect to the Data collected by the website or app, including, without limitation, the management, transfer, protection, or maintenance of the Data.

Artificial Intelligence

Artificial Intelligence is a new frontier, and One Firefly wants to work with Client to utilize new and innovative technologies. It is important to define the roles and responsibilities of the parties regarding the use of such technology.

1. Ownership. Client understands and agrees that, if Artificial Intelligence technologies (collectively, “AI”) are utilized in the creation of Deliverables, neither One Firefly nor Client will have any ownership rights in the portion of Deliverables that has been generated by AI. Such portions will be treated by One Firefly as though they are public domain works as defined by U.S. Copyright Law.
2. Obligations.
• Client agrees that they can expect AI to likely be utilized in some way for any campaign or deliverable executed by One Firefly. Should Client prefer their campaign to be free of any AI input, they should request this in writing. One Firefly would then have the sole discretion to agree to this request or not.
• Client agrees that if it has utilized AI in the production of any Client materials, it will inform One Firefly in writing which portions or elements of the Client materials have been generated by AI, and it assumes all liability for such materials. Input examples can include logos, copy or other graphic files provided to One Firefly by Client.
• Client warrants that any materials provided by Client to One Firefly whereby One Firefly might utilize AI with such materials, shall be exclusively owned by Client or licensed for such explicit purposes, and input of such materials into the AI shall not infringe upon the rights of any third party, including those of privacy, intellectual property, or confidentiality.
3. Release. Client releases One Firefly from all liability whatsoever with regards to the use of AI in performance of the services, including, without limitation, the materials inputted into the AI and materials outputted from the AI, whether or not such materials are incorporated into the Deliverables.
4. Indemnification. Client indemnifies and holds harmless the One Firefly from any and all third-party claims arising out of (i) a breach of any warranties or obligations made herein and (ii) the use of AI in performance of this Agreement including, without limitation, claims arising from the materials inputted into the AI and materials outputted by the AI. One Firefly’s indemnification obligations concerning Deliverables shall not extend to any portions of materials generated by AI.