The FOMA Software Terms of Use

Terms and Conditions for The FOMA (thefoma.com)

Last Updated: January 1, 2026

1. Ownership of Content vs. Ownership of Intellectual Property

User Content: You (the Client) retain all rights, title, and interest in and to any text, images, or personal branding assets you provide to The FOMA ("User Content").

Proprietary Assets: All software configurations, custom workflows, automation sequences, sales funnels, webinar funnels, website templates, and email scripts developed by The FOMA are the exclusive Intellectual Property (IP) of The FOMA.

Bonus/Value-Add Work: Any website builds or funnel designs provided "as a bonus" or as part of a recurring subscription are licensed—not sold—to the Client for the duration of their active subscription.

2. Termination of Service and Data Portability

Upon termination of your subscription:

The Client may manually export their User Content (contacts, raw copy, and uploaded images).

Access to the proprietary HighLevel environment, including custom-built snapshots, will be revoked.

The FOMA does not provide "Snapshot" exports or sub-account transfers as a standard part of account closure.

3. Account Migration and "Buyout" Policy

If a Client wishes to migrate their entire sub-account or specific proprietary assets (funnels, websites, workflows) to another agency or a personal HighLevel account, the following Asset Transfer Fees apply:

Asset Type

Migration/Buyout Fee (Starting At)

Standard Sub-Account Transfer

$2,500

Premium Website/Funnel Build

$5,000 - $10,000 (per site)

Full Business Automation Suite

Market Valuation / Custom Quote

Note: Migration is not guaranteed and is subject to the technical feasibility of the HighLevel platform at the time of the request. No assets will be released until all migration fees are paid in full.

4. Non-Solicitation and Third-Party "Poaching"

The FOMA provides a managed service. "Free" accounts or incentives offered by third-party agencies do not supersede the Client's contractual obligation to pay for the transfer of The Foma’s proprietary builds. Any attempt by a third party to "clone" The FOMA’s proprietary workflows without an authorized transfer fee is a violation of these terms.

5. Valuation of "Bonus" Work

The Client acknowledges that services provided as "bonuses" (e.g., free website builds) have a real-world market value of $5,000 - $10,000+. By accepting these bonus services, the Client agrees that these assets remain the property of The FOMA unless a formal "Asset Buyout" agreement is executed.

6. Third-Party Agency Interaction & Code of Conduct

The FOMA operates as a managed SaaS agency. To protect our proprietary systems and your business data, the following rules apply to any third-party consultants or agencies ("Third-Party Agents") you may hire:

Unauthorized Access: Clients are strictly prohibited from granting account access (User or Admin) to competing agencies or "hotshot" consultants for the purpose of "auditing," "cloning," or "exporting" The FOMA’s proprietary workflows, funnels, or snapshots.

Protection of Intellectual Property: Any attempt by a Third-Party Agent to copy, reverse-engineer, or "snapshot" our custom-built assets (including but not limited to automation logic, proprietary CSS/HTML, and funnel structures) will be considered a breach of contract by the Client.

Liability for "Poaching" Disruptions: If a Third-Party Agent promises a "free" or "low-cost" account transfer, the Client remains legally and financially responsible for the Asset Transfer Fees outlined in Section 3. The FOMA will not release or "push" a sub-account to a third-party agency until all proprietary builds are either removed or paid for via an Asset Buyout Agreement.

Indemnification: The Client agrees to indemnify The FOMA against any damages resulting from a Third-Party Agent’s unauthorized access to our systems, including the loss of proprietary data or the infringement of our Intellectual Property rights.

7. Professional Services and Managed Solutions

Service Definition: In addition to the SaaS platform access, The FOMA provides "Managed Services" which may include, but are not limited to: database reactivation, webinar funnel construction, email marketing management, WordPress hosting/maintenance, and strategic coaching/consulting.

Labor vs. Software: While the software subscription grants access to the platform, the Managed Services represent professional labor and intellectual property.

Third-Party Costs: Any domain registrations, professional POP/IMAP email hosting (e.g., Google Workspace, Zoho), or WordPress plugins managed by The FOMA on behalf of the Client are provided as a convenience. Upon termination, the Client is responsible for any migration costs or the transfer of billing for these third-party services.

Consulting/Coaching: Professional advice and strategy shared during coaching sessions are proprietary to The FOMA and are provided for the Client's internal use only.