Please read these Terms of Service carefully before engaging First Revenue LLC for any services. By signing a statement of work, submitting an inquiry, or using our website, you agree to be bound by these terms.
First Revenue LLC ("First Revenue," "we," "us," or "our") is a revenue consulting firm incorporated in the State of California. Our principal place of business is 3101 Park Blvd, Palo Alto, CA 94306. We provide revenue growth consulting services — including sales strategy, marketing, and AI-powered operations — to businesses and organizations ("Clients").
These Terms of Service ("Terms") govern your use of our website at firstrevenue.com (the "Site") and any services we provide to you (the "Services"). References to "you" or "Client" mean the individual or entity receiving our Services.
First Revenue provides revenue consulting services as described in a mutually executed Statement of Work ("SOW") or engagement agreement. Services may include, but are not limited to:
First Revenue may offer software products, AI agent solutions, or software-as-a-service ("SaaS") tools in the future. Any such products will be governed by these Terms and any supplemental product-specific terms presented at the time of purchase or access. In the event of a conflict, the product-specific terms will control for matters specific to that product.
The specific scope, deliverables, timeline, and fees for each engagement will be set forth in a separate SOW or engagement letter signed by both parties. These Terms are incorporated into and form part of any such agreement. Where there is a conflict between these Terms and an SOW, the SOW controls for matters specific to that engagement unless expressly stated otherwise.
Unless otherwise specified in an SOW, invoices issued by First Revenue are due within thirty (30) days of the invoice date ("Net 30"). All fees are stated and payable in U.S. dollars.
Certain engagements may require an upfront retainer prior to commencement of work. The retainer amount will be specified in the applicable SOW. Retainer payments will be applied against future invoices as the engagement progresses. Unused retainer amounts, if any, will be refunded or credited as agreed upon in writing at the conclusion of an engagement.
Invoices not paid within the Net 30 payment window may accrue interest at a rate of 1.5% per month (18% per annum), or the maximum rate permitted by applicable law, whichever is lower. First Revenue reserves the right to suspend or pause Services for any account more than fifteen (15) days past due.
All fees are exclusive of applicable taxes. Client is responsible for all sales, use, value-added, or similar taxes arising from the Services, except for taxes on First Revenue's net income.
If Client disputes any portion of an invoice in good faith, Client must notify First Revenue in writing within ten (10) days of receipt of the invoice, specifying the disputed amount and the basis for the dispute. Undisputed amounts remain due within the original payment terms.
Upon full payment of all fees and charges, First Revenue assigns to Client all right, title, and interest in and to any deliverables, reports, analyses, strategies, and other work product specifically created for Client under an SOW ("Work Product"). This assignment includes all applicable intellectual property rights in such Work Product.
First Revenue retains all right, title, and interest in and to its pre-existing methodologies, frameworks, processes, tools, templates, know-how, and any proprietary systems or software used in the delivery of Services ("Background IP"). Any license to use Background IP in connection with the Work Product is limited to Client's internal business purposes only.
All content on the Site — including text, graphics, logos, images, and software — is the property of First Revenue or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.
If you provide suggestions, feedback, or ideas regarding our Services or Site ("Feedback"), you grant First Revenue a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such Feedback into our products and services without any obligation to you.
Each party ("Receiving Party") may receive confidential information from the other party ("Disclosing Party") in connection with the Services. "Confidential Information" means any non-public information disclosed in writing, orally, or visually that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
Each Receiving Party agrees to: (a) hold Confidential Information in strict confidence using at least the same degree of care used to protect its own confidential information (but no less than reasonable care); (b) not disclose Confidential Information to any third party without the Disclosing Party's prior written consent; and (c) use Confidential Information solely to fulfill obligations under the applicable SOW.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of these Terms; (b) was already known to the Receiving Party prior to disclosure; (c) is independently developed by the Receiving Party without reference to Confidential Information; or (d) is required to be disclosed by law or court order, provided the Receiving Party gives prompt written notice to the Disclosing Party (to the extent permitted by law).
Confidentiality obligations survive termination of any engagement for a period of three (3) years, unless a separate non-disclosure agreement specifies a different period.
Client agrees to:
First Revenue is not responsible for delays or failures in delivery caused by Client's failure to fulfill these responsibilities.
IMPORTANT: Please read this section carefully as it limits First Revenue's liability to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIRST REVENUE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF FIRST REVENUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL FIRST REVENUE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO FIRST REVENUE IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
First Revenue provides advisory and consulting services. While we work diligently to help clients achieve their revenue goals, we do not guarantee specific revenue outcomes, growth targets, or business results. Revenue performance depends on many factors outside our control, including market conditions, client execution, and competitive dynamics.
The limitations above do not apply to: (a) Client's payment obligations; (b) either party's indemnification obligations; (c) damages arising from a party's gross negligence or willful misconduct; or (d) claims that cannot be limited under applicable law.
Client agrees to indemnify, defend, and hold harmless First Revenue and its members, managers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's breach of these Terms or any SOW; (b) Client's misuse of the Services or Work Product; (c) any third-party materials or data provided by Client to First Revenue; or (d) Client's violation of any applicable law or regulation.
First Revenue agrees to indemnify, defend, and hold harmless Client from and against any claims arising out of First Revenue's gross negligence or willful misconduct in the delivery of Services.
Either party may terminate an engagement for convenience upon thirty (30) days' prior written notice to the other party. Client remains responsible for payment of all fees for Services rendered and expenses incurred through the effective date of termination.
Either party may terminate an engagement immediately upon written notice if the other party: (a) materially breaches these Terms or an SOW and fails to cure such breach within fifteen (15) days after receiving written notice of the breach; (b) becomes insolvent, makes an assignment for the benefit of creditors, or has a receiver or trustee appointed; or (c) ceases to operate as a going concern.
Upon termination: (a) Client shall pay all outstanding fees and expenses due through the termination date; (b) each party shall return or destroy the other party's Confidential Information as reasonably practicable; and (c) provisions that by their nature should survive termination (including payment obligations, confidentiality, intellectual property, limitation of liability, indemnification, and dispute resolution) shall survive.
First Revenue represents and warrants that: (a) it has the right and authority to enter into engagements and perform the Services; (b) Services will be performed in a professional and workmanlike manner by qualified personnel; and (c) it will comply with applicable laws in the performance of the Services.
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1, THE SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. FIRST REVENUE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
These Terms and any disputes arising out of or related to them or the Services shall be governed by the laws of the State of California, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Before initiating formal proceedings, the parties agree to attempt to resolve any dispute informally. The aggrieved party shall provide written notice describing the dispute in reasonable detail. The parties shall negotiate in good faith for at least thirty (30) days following such notice before pursuing any other remedy.
If informal resolution fails, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures. The arbitration shall take place in Santa Clara County, California, or via videoconference by mutual agreement. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
Nothing in this section prohibits either party from seeking emergency injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.
These Terms, together with any applicable SOW, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings.
First Revenue reserves the right to update these Terms from time to time. We will post the updated Terms on the Site with a new effective date. For active client engagements, material changes will be communicated in writing. Continued use of the Services after the effective date of any change constitutes acceptance of the updated Terms.
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision. If any provision is found to be unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.
Client may not assign or transfer these Terms or any rights or obligations hereunder without First Revenue's prior written consent. First Revenue may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets. Any purported assignment in violation of this section is void.
Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, pandemics, acts of government, war, terrorism, labor disputes, or internet outages, provided the affected party gives prompt notice and uses reasonable efforts to mitigate the impact.
All legal notices under these Terms must be in writing and delivered to: First Revenue LLC, 3101 Park Blvd, Palo Alto, CA 94306, or via email at info@firstrevenue.com.
The relationship between First Revenue and Client is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
If you have any questions about these Terms of Service, please contact us: