Terms of Service

Last updated: September 8, 2026

These Terms govern the ghostwriting and account operations service provided by Clockless Inc., trading as Firsthand ("Firsthand", "we", "us"), to you ("you", "the Client"). By paying an invoice or completing checkout, you accept these Terms.

Where a separate written statement of work or order confirmation sets out your specific scope, price, start date or term, that document applies alongside these Terms. Where the two conflict on those points, that document wins.

1. What we deliver

Firsthand writes and operates your account on X. The service consists of the following, unless your statement of work says otherwise:

• An account strategy produced at the start of the engagement, based on an interview about your business goals and a review of your posting history.
• A curated list of accounts to follow and engage with, maintained over the engagement.
• Five original posts per week. We aim to spread them across business days but do not commit to a particular day.
• Replies and engagement carried out on your behalf on business days.
• One sixty-minute call per week.

Business days are Monday to Friday, excluding public holidays in our place of business.

2. What we commit to, and what we do not

We commit to producing and delivering the outputs described in section 1, and to performing the work with reasonable skill and care.

We do not commit to any result. This includes, without limitation, follower growth, impressions, engagement rates, reach, leads, sales, hires, media attention, investment, or any other business or commercial outcome. Outcomes on a social platform depend on factors nobody controls, including platform algorithms and their changes, the behaviour of other users, market conditions, timing, and your own participation.

Nothing said by us in any call, email, message, proposal or marketing material creates a guarantee of results, and no such statement should be relied on as one.

3. Your responsibilities

The service depends on your participation. You agree to:

• Attend the weekly call, or reschedule it in advance. A missed call is not rescheduled into another week and does not extend the term or reduce the fee.
• Give us accurate information about you, your company, your products and your industry, and correct anything that stops being accurate.
• Give us access to the context sources our agent needs to work from, which may include call transcripts, documents and knowledge bases, and internal communications. You choose which sources to connect and you can withdraw any of them at any time.
• Respond to questions, drafts and approval requests within a reasonable time. Where a delay is caused by your late response, we are not responsible for missed publishing days.
• Hold all rights necessary to share the materials you give us, and to have us publish content derived from them.
• Tell us in advance about any legal, regulatory, contractual or employer restriction that applies to what you can say in public. This includes quiet periods, disclosure rules, confidentiality obligations to third parties, and any industry regulation.
• Maintain an active X Premium subscription on the account for the whole engagement, since the analytics the service relies on sit behind it.
• Keep your own credentials secure and enable two-factor authentication on your account.

4. Account access

We require delegated access through X's official Delegate feature to operate your account. This allows us to post and engage on your behalf without receiving or storing your password, and allows you to revoke our access at any time. You must not share your X login credentials with us.

We will use delegated access only to deliver the service. We will not change your password, email address, phone number or other security settings, will not delete the account, will not make purchases, and will not access your direct messages except where you ask us to and the Delegate feature permits it.

You may revoke our delegated access at any time. Doing so during a paid period does not entitle you to a refund and does not relieve you of the fee for that period, since we cannot deliver without access.

5. Platform rules and how we work within them

X permits a third party to operate an account on behalf of its owner. It prohibits automated, bulk or indiscriminate posting, liking, following and replying. We operate within those rules: engagement is directed by a person, at human pace and volume, and we do not run mass-action scripts, follow or unfollow in bulk, buy engagement, or participate in engagement pods or reciprocal schemes.

You agree not to ask us to do any of those things. If you do, we may refuse, and repeated requests are grounds for us to terminate under section 12.

You also agree that you will not run other automation tools, growth services or engagement services on the same account during the engagement without telling us first. Conflicting automation is a common cause of enforcement action, and we cannot assess our own risk if we do not know about it.

6. Approval, and responsibility for what is published

You may review and approve every post before it goes out, and we will operate that way whenever you ask us to. Where you have told us to publish without prior review, or where you do not respond to a draft within the window we agree, you authorise us to publish at our discretion within the strategy and voice we have established with you.

Everything published under your name is your content and your statement. You own it, you benefit from it, and you are responsible for it, whether or not you reviewed the specific post in advance. We write on your instruction and from your positions; we do not adopt those positions and we are not the publisher of record.

Every draft appears on your publishing calendar in our platform, which shows what is scheduled and when. You can edit any post there yourself, at any time before its scheduled publishing time. After a post is live, you can edit it on X using X's own edit feature.

You can ask us to delete any post at any time and we will do so promptly.

7. Fees and payment

• The fee is $5,000 per month, in US dollars, unless your order confirmation says otherwise.
• Payment is due in full at the start of each monthly period, in advance. Work for a period begins once payment for that period has cleared.
• Payments are processed by Stripe. Your use of Stripe is governed by Stripe's own terms. We do not store your card details.
• Fees are exclusive of any taxes, withholding or bank charges, which are your responsibility.
• If a payment fails, is reversed or is not received, we may pause all work, including publishing, until the account is current. Time lost to a payment pause is not made up and does not extend the term.
• Fees already paid are non-refundable, except where these Terms or the law say otherwise. This reflects the fact that capacity, preparation and research for a period are committed at the start of that period.
• We may change our fees on 30 days' written notice, taking effect at your next renewal. A price change never applies to a period you have already paid for.

8. Term, renewal and cancellation

The engagement runs in monthly periods. You pay for one month at a time, at the start of that month. You are never charged for more than one month up front.

We ask for an initial commitment of two months, because the first weeks are largely setup and the work cannot show what it does inside a single month. After that the engagement continues month to month.

Either party may end the engagement by written notice, taking effect at the end of the monthly period already paid for. You keep the service to the end of that period and you are not charged again. Neither party owes the other anything for a month that has not begun, and we do not refund a month already under way, except as set out below. We may also end the engagement immediately under section 12.

If we end the engagement partway through a period you have paid for, we refund that period pro rata from the date we stop work.

On termination we will hand over the content we have produced, remove ourselves from your account, and delete or return your materials on request, subject to section 10.

If we change or discontinue the service

Firsthand is early. We are still working out the best form for this service, and we may change how it works, change what it includes, or stop offering it altogether.

If we discontinue the service, we will tell you as far in advance as we reasonably can, refund the unused portion of any period you have paid for, hand over everything we have produced for you, and remove our access to your account. We will not leave an account mid-week without warning.

Material changes to what the service includes follow the notice process in section 18.

9. Ownership

Everything we write for you becomes yours on payment for the period in which it was produced. You may use, edit, republish or delete it freely. We claim no ongoing rights in it and we will not reuse your content for another client.

Your account, your followers and your materials are yours throughout. Our own methods, templates, internal tooling and processes remain ours.

We may describe the engagement in general terms for our own marketing, without naming you and without quoting anything unpublished, unless you agree otherwise in writing. If you would rather we said nothing at all, tell us and we will not.

10. Your context and your data

To write in your voice we need context, which may include call transcripts, meeting notes, internal documents, messages and other material you choose to share. You decide what to share, and you can withdraw any source at any time.

You confirm that you have the right to share what you share with us, including where it contains information about other people or about third parties who owe you or are owed confidentiality. We are not in a position to assess that and we rely on you.

We treat your non-public material as confidential, use it only to deliver the service, and do not sell it or disclose it to anyone outside the people working on your account. We keep it for as long as the engagement runs, and delete or return it on request afterwards, other than copies we must keep for legal or accounting reasons or that sit in routine backups until those expire.

11. Use of AI

The service is human led and AI assisted. We use AI systems in research, analysis, drafting and scheduling. A person directs the work, reviews the output and is accountable for it. Your material may be processed by third-party AI providers for the purpose of delivering your service. If you need us to exclude a particular source or provider, tell us and we will accommodate it where we can.

12. When we can pause or end the engagement

We may pause or terminate immediately, without refund of the current period, if you:

• fail to pay;
• ask us to publish anything unlawful, defamatory, deceptive, harassing, discriminatory, or in breach of a platform rule;
• ask us to make claims we have reason to believe are untrue;
• withhold the access or participation the service needs, after we have asked for it;
• behave abusively toward the people doing the work; or
• put us at legal, regulatory or reputational risk by continuing.

13. Platform action against your account

Social platforms restrict, lock, limit the reach of, and suspend accounts. They do so at their sole discretion, often without explanation, sometimes in error, and sometimes for reasons unrelated to anything either of us did.

If your account is restricted or suspended during the engagement, we will help you respond: we will tell you everything we did on the account and when, prepare the factual record you need for an appeal, and pause activity while it is resolved. This is help, not a warranty of outcome, and we cannot compel a platform to reverse a decision.

We are not liable for any restriction, limitation, suspension or loss of your account, or for any loss that follows from it, except to the extent it is caused by our own gross negligence or wilful misconduct. If your account is suspended for reasons unconnected to our work, fees for the current period remain payable, and we will discuss in good faith whether to pause the engagement rather than continue billing it.

14. Reaction to published content

Publishing under your own name in public carries risk. Posts attract criticism, disagreement, mockery, quote-posts, pile-ons and press attention. A position that reads well one week can read badly the next.

We are not liable for any negative reaction to content published on your account, or for any consequence of it, including reputational harm, lost business, lost employment or opportunity, complaints, or claims by third parties. This applies whether or not you approved the specific post, and it reflects section 6: what is published under your name is your statement.

If something lands badly, tell us and we will delete it, help you draft a response, and adjust the approach. We would rather fix it than argue about it.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL PRODUCE ANY PARTICULAR RESULT, THAT CONTENT WILL BE ERROR FREE, OR THAT ANY PLATFORM WILL REMAIN AVAILABLE OR UNCHANGED.

We do not give legal, financial, tax, regulatory, investment or public relations advice, and nothing we write for you is such advice. If you work in a regulated field, or if a post touches on a fundraise, a transaction, employment matters or litigation, you are responsible for obtaining your own review before it is published.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATION OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE FEES YOU PAID US IN THE THREE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, for death or personal injury caused by negligence, or for gross negligence or wilful misconduct.

17. Indemnity

You will indemnify and hold us harmless against third-party claims, losses and reasonable costs arising from content published on your account, from materials you supplied to us, from your breach of these Terms, or from your breach of a platform's rules or of any law or regulation that applies to you. This does not apply to the extent the claim arises from our gross negligence or wilful misconduct.

18. Changes to these Terms

We may update these Terms. We will give you at least 30 days' notice by email of any material change, and it will take effect at your next renewal. If you do not accept a change, you may cancel before it takes effect. Changes never apply retroactively to a period already paid for.

19. General

• Independent contractor. We are an independent contractor. Nothing here creates an employment relationship, partnership, joint venture or agency beyond the limited authority to operate your account as described.
• No exclusivity. We work with other clients, including others in your industry. We will not disclose your confidential information to any of them, and we will not use content written for you for anyone else. If you need a defined exclusivity, it must be agreed separately in writing.
• Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including platform outages, changes to platform rules or access, and loss of API availability.
• Assignment. You may not assign these Terms without our written consent. We may assign them to a successor of our business.
• Entire agreement and severability. These Terms, together with any order confirmation or statement of work, are the entire agreement between us. If any provision is held unenforceable, the rest remains in force.
• Governing law. These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The state and federal courts located in San Francisco County, California have exclusive jurisdiction over any dispute, and both parties consent to that jurisdiction.
• Disputes. Before starting proceedings, both parties agree to raise the issue in writing and attempt in good faith to resolve it within 30 days.

Contact

Questions about these Terms go to kelvin@clockless.ai. We would rather answer a question before you sign than after.

By completing checkout you confirm that you have read these Terms, that you have authority to enter into them on your own behalf or for the entity you represent, and that you agree to them.