First Choice Developments LLC
Last Updated: January 30, 2026
These Terms of Service (“Agreement”) govern (a) access to and use of our websites and support resources and (b) the purchase and delivery of our marketing services.
Websites:
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https://firstchoice.dev (“Main Website”)
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https://support.firstchoice.dev (“Support & Training Website”)
Company: First Choice Developments LLC (“FCD,” “First Choice,” “we,” “us,” or “our”)
Address: 539 W. Commerce St., STE 4734, Dallas, TX, 75208
Support Email: support@firstchoice.dev
As used in this Agreement, “Client” means a natural person or legal entity (such as a corporation, limited liability company, firm, partnership, or other entity recognized at law) that subscribes for and receives Services, together with such person or entity’s affiliates, subsidiaries, successors, and permitted assigns.
THE SERVICES ARE OFFERED ONLY UPON THE CONDITION THAT CLIENT ACCEPTS ALL TERMS OF THIS AGREEMENT. BY RECEIVING OR USING ANY SERVICES, IN WHOLE OR IN PART, CLIENT AGREES TO BE BOUND BY THIS AGREEMENT.
1. Definitions
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“Services” means the organic marketing, local search marketing, digital marketing, GEO targeting, and related services described in this Agreement, as selected by Client during signup and onboarding.
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“Organic SEO” means organic marketing services, keyword research, GEO targeting services, and related deliverables for Client’s website.
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“GEO Plus” means an add-on subscription enabling multiple geographic location targeting as offered by FCD from time to time.
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“Subscription Period” means the term period identified during signup, or if no fixed term is identified, each month during which Services are provided.
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“Client Data” has the meaning set forth in Section 8.
2. Services (Organic SEO and Related Services)
2.1 Scope of Services
In consideration of Client’s promises set forth herein, including payment of all fees due, FCD will provide Client with:
(i) organic marketing; (ii) keyword research; and/or (iii) GEO targeting services for Client’s website (“Organic SEO”), as applicable (collectively, the “Services”).
Unless Client purchases a GEO Plus add-on subscription, Services generally correspond to one unique geographic location, designated and agreed upon during onboarding.
2.2 Other Services
FCD may offer additional services (including paid advertising services and website development). If purchased, those services may be governed by separate terms, addenda, or statements of work. Paid advertising terms are included in Section 14 of this Agreement.
3. Term; Authorization; Client Cooperation
3.1 Term and Renewal
FCD will provide Services for the Subscription Period identified during signup or, if none is specified, on a month-to-month basis.
A one-time setup fee (if applicable) and the first Subscription Period payment are due at signup via credit card or other approved payment method. Subsequent payments are billed in advance for each upcoming Subscription Period.
3.2 Authorization to Act on Client’s Behalf
Client authorizes FCD to act on Client’s behalf as Client’s local search marketing provider with respect to Services provided under this Agreement. This includes, as applicable, the ability to publish, post, and edit Client’s online listings and profiles, including Client’s Google Business Profile (“GBP”), and to post approved content where elected by Client.
For Organic SEO Services, Client will provide FCD with credentials for accessing Client’s website and/or add FCD’s designee as an Admin user for Client’s website platform, for purposes of making approved edits to accomplish Services.
3.3 Client Cooperation
Client agrees to provide timely access, approvals, and information needed for FCD to perform the Services. Delays in Client responses, access, approvals, or content may impact timelines and results.
4. Fees and Payment
4.1 Fees
Client agrees to pay the subscription fees associated with the Services selected during signup. Fees may include a one-time setup fee for onboarding and administrative items (including, as applicable, campaign setup, listing work, access coordination, creative/admin items, and related activities).
Subscription fees are subject to modification by FCD upon notice to Client; any revised fees apply beginning with the next applicable billing cycle unless otherwise stated.
4.2 Payment Method; Billing
All payments must be made in immediately available funds in U.S. Dollars by approved payment method (including credit card). FCD may store Client’s payment details for billing and collection.
Unless otherwise agreed in writing, subscription fees are billed in advance of the Subscription Period. Failure to maintain valid payment arrangements may result in interruption or cancellation of Services.
4.3 Non-Refundable Subscription Periods
Due to the nature of the Services, all sales for each billed Subscription Period are non-refundable, except as expressly provided in Section 11 (90-Day Guarantee) or where otherwise required by law.
4.4 Late Payments; Collections; Taxes
Amounts not paid when due may bear interest at 1.0% per month (or the highest rate permitted by law, if less). Client agrees to pay reasonable costs of collection (including attorneys’ fees) incurred by FCD to enforce rights under this Agreement.
If FCD is required to deduct or withhold taxes from amounts due, amounts payable by Client will be increased so the net amount received by FCD equals the amount that would have been received absent such withholding.
5. Intellectual Property; Content Ownership
5.1 Ownership Transfer Upon Payment
Ownership of content generated by FCD for Client transfers to Client (where permitted by third-party licensing) only after Client has paid in full all invoices applicable to such content.
5.2 Restrictions
Optimization methods, processes, and systems disclosed by FCD are proprietary and may not be copied or used outside the scope of this Agreement. Any rights granted terminate upon termination unless expressly authorized in writing by FCD.
5.3 MicroSites (If Applicable)
FCD may register and host a domain and/or create a website, microsite, or landing page (“MicroSite”) as part of Services. Ownership of the domain and MicroSite content (where permitted by third-party licensing) may be transferred to Client upon request only after payment in full of all related invoices. The content management system and proprietary systems used by FCD are not transferable and remain FCD’s property.
5.4 Third-Party Software
FCD may use or make available third-party software licensed to FCD (“Third Party Software”). Client’s use (where permitted) is governed by applicable third-party licenses. This Agreement does not modify those licenses.
6. Termination
6.1 Termination by Client
Client may terminate renewal by providing written notice of intent not to renew prior to the end of the then-current Subscription Period. Notices received after the end of the current Subscription Period are effective following the next applicable Subscription Period.
6.2 Termination or Suspension by FCD
FCD may suspend or terminate Services if Client fails to maintain valid payment information or fails to pay amounts due. FCD may also terminate on written notice if FCD ceases offering the same type of Services to similarly situated clients.
FCD may decline, cancel, or discontinue Services in its good-faith discretion if Client’s business practices are illegal, unethical, or reasonably likely to expose FCD to liability or reputational harm.
6.3 Bankruptcy
Either party may terminate immediately if the other becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings.
6.4 Duties on Termination
Upon termination, Client will discontinue use of any work product or materials for which ownership has not passed, discontinue use of FCD trademarks and proprietary systems, and delete such materials as applicable.
Upon termination, FCD will use reasonable efforts to return, delete, or destroy Client Data (in FCD’s discretion) provided in connection with Services, subject to legal, security, backup, and operational requirements. Due to the nature of third-party platforms, content published on social media or third-party sites may remain accessible after termination.
7. Client Data; Credentials; Data Use
7.1 Client Data
“Client Data” includes, without limitation: Client’s website domain/URL, business name, address, phone number(s), email addresses/lists, login credentials, social media content subject matter, ideas, concepts, artwork, and other materials submitted to enable Services. Client grants FCD a royalty-free license during the term to use Client Data to provide Services.
7.2 Credentials and Security
Client is responsible for maintaining and protecting login credentials. Client must notify FCD promptly of changes or unauthorized use.
7.3 Client Customer Lists
FCD does not sell or distribute Client customer lists or aggregated customer information to third parties.
7.4 Third-Party Information and Reviews
FCD may process information concerning third parties (e.g., review content) or information provided by Client about customers/prospects to perform Services across one or more platforms.
8. Client Representations and Warranties
Client represents and warrants that:
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Client owns or has rights/licenses to provide Client Data and authorize its use.
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Client Data and Client business activities comply with applicable laws and do not infringe third-party rights.
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Client Data is not defamatory, obscene, or unlawfully invasive of privacy.
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Client has authority to enter into and perform under this Agreement.
If Client provides email lists, Client warrants those emails were obtained lawfully and with required consents and opt-out notices.
9. Compliance With Privacy Laws
Client is solely responsible for its compliance with applicable privacy and data protection laws. Where FCD processes data as a service provider on Client’s behalf, Client will provide required notices and obtain required consents from end users as applicable.
10. 90-Day Guarantee – Page 1 Placement (Organic SEO)
FCD offers a 90-Day Guarantee for qualifying Clients who select and approve specific keyword and geographic location targets during onboarding (“Target Terms”).
If none of the Target Terms appear on Page 1 of organic Google search results (excluding paid ads and map listings) within ninety (90) calendar days from the date the content is uploaded to the Client website, Client may request a full refund of subscription fees paid for the 90-day period, subject to:
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Qualifying Targets: Applies only to Target Terms mutually agreed upon in writing and approved during onboarding.
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Client Cooperation: Client must provide timely access and must not interfere with optimization or initiate conflicting actions.
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Scope Limitations: Excludes broad/national/highly competitive/generic keywords unless confirmed in writing.
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Measurement Criteria: Determined by non-personalized, incognito search from the designated location for each Target Term.
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Claim Process: Refund requests must be submitted in writing within 10 calendar days after the 90-day period ends. FCD will verify eligibility.
Refund Limitation: Refunds under this guarantee are limited to base SEO service and GEO Plus fees paid during the guarantee period and exclude backlink/citation campaigns, website work, setup fees (domains/software), and paid advertising charges.
11. Limited Warranty; Disclaimers; Limitation of Liability
11.1 Limited Warranty
FCD will perform Services in a professional manner consistent with generally accepted industry standards. Due to changing algorithms and third-party systems, FCD cannot guarantee specific ranking positions for all keywords.
11.2 Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, SERVICES ARE PROVIDED “AS IS” AND FCD DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11.3 Limitation of Liability
FCD’s total liability for actual damages for any cause whatsoever shall not exceed the fees paid by Client for the applicable Services during the applicable Subscription Period. IN NO EVENT SHALL FCD BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS.
12. Call Recording and Tracking (If Applicable)
Client acknowledges calls may be recorded for quality assurance and training unless Client elects otherwise in writing. FCD may collect and process call metadata. Client represents it has all necessary rights to implement call tracking features.
13. SMS Messaging Terms (Messaging Compliance)
If Client or any individual provides a mobile number and affirmatively opts in to receive SMS messages from FCD, the following terms apply:
13.1 SMS Use Cases
FCD may send SMS messages for:
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Customer care / transactional messages: appointment confirmations, reminders, scheduling/rescheduling, support updates, onboarding notifications, and service-related communications.
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Promotional messages (if opted in): marketing or promotional content only to those who expressly opt in.
Message frequency may vary.
13.2 Opt-Out Instructions
Reply STOP to opt out at any time. After opting out, you may receive a final confirmation message.
13.3 Customer Support Contact
For SMS help, reply HELP or contact:
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support@firstchoice.dev
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https://support.firstchoice.dev
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539 W. Commerce St., STE 4734, Dallas, TX, 75208
13.4 Message & Data Rates
Message and data rates may apply based on your carrier plan.
13.5 Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages.
13.6 Age Restriction (18+)
By opting in to receive SMS messages, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater) and authorized to enroll the provided mobile number.
13.7 Privacy Policy
SMS and related data handling are subject to our Privacy Policy:
https://firstchoice.dev/privacy-policy
14. Paid Advertising Terms (If Purchased)
If Client purchases paid advertising services (“Paid Advertising Services”), the following additional terms apply and, in the event of a conflict, these Paid Advertising Terms control for Paid Advertising Services.
14.1 Paid Advertising Services
FCD may provide services intended to promote Client through search engine marketing and display/social advertising (e.g., Google Ads, Bing, social platforms). FCD may provide reporting and tracking information, including call tracking information where applicable. FCD does not guarantee any specific results.
14.2 Campaign Period and Budget
Paid Advertising Services operate on a campaign period (generally month-to-month) and are subject to third-party platform processes. Client acknowledges ad spend delivery may vary.
14.3 Fees; Non-Refundable
Paid advertising charges may include ad budget and management fees. Unless otherwise stated in writing, Paid Advertising Services are billed in advance and are non-refundable once earned or spent.
14.4 Third-Party Policies
Client agrees to comply with applicable policies of third-party ad platforms and acknowledges those policies may affect performance, approvals, or placement.
14.5 Call Recording and Tracking
Call recording and call metadata processing may apply as described in Section 12.
15. Confidentiality
Each party will protect the other’s Confidential Information using reasonable care and use it only as needed to perform under this Agreement. Confidential Information excludes information that becomes public without breach or is independently developed.
16. Dispute Resolution; Arbitration; Class Action Waiver
ANY AND ALL CLAIMS BETWEEN FCD AND CLIENT SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT WHERE PROHIBITED BY LAW.
Arbitration will be conducted on an individual basis only. No class, consolidated, or representative actions are permitted.
17. Governing Law
This Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where federal law applies (including the FAA for arbitration).
18. Notices
18.1 Notice to Client
Notices to Client may be provided by email to the email address provided during signup, or by mail to the address on file.
18.2 Notice to FCD
Notices to FCD must be sent to:
First Choice Developments LLC
539 W. Commerce St., STE 4734, Dallas, TX, 75208
Attn: Legal Notice
(Email notices may be sent to support@firstchoice.dev for routing.)
19. Force Majeure
FCD’s performance is excused for events beyond reasonable control, including outages, platform/provider failures, disasters, and similar events.
20. Severability; Waiver; Entire Agreement
If any provision is unenforceable, the remainder remains in effect. Failure to enforce a provision is not a waiver. This Agreement is the entire agreement regarding its subject matter and supersedes prior discussions and understandings.
21. Changes to These Terms
FCD may revise this Agreement by updating this posting and/or providing notice to Client. Continued use of Services after revisions constitutes acceptance of the updated terms.
22. Privacy Policy Incorporated
The Privacy Policy is incorporated into this Agreement by reference:
https://firstchoice.dev/privacy-policy
Violation of the Privacy Policy may constitute a material breach of this Agreement.