Convertis Digital Marketing

Last Updated: 1 July 2025

These Terms of Service ("Terms") form a binding agreement between [Client] ("Client," "you," or "your") and Convertis Digital Marketing, LLC ("Convertis," "we," "us," or "our"). By accessing or using any of our services, platforms, tools, or software (including Convertis OS), you agree to comply with these Terms. Please read them carefully.

1. Acceptance of Terms

Your access to our services constitutes acceptance of these Terms in full. If you do not agree, you may not use our services. These Terms apply to all service tiers, whether subscription-based or project-based.

2. Scope of Services

Convertis provides marketing solutions including, but not limited to:

CRM and automation setup

Advertising management (Google, Meta, and others)

Funnel creation and lead capture systems

Website and landing page design

Local SEO and Google Business Profile optimization

Strategic consultation and performance analysis

Services are customized per engagement and detailed in your scope of work or selected service tier.

3. Access to Convertis OS

Clients subscribing to Convertis OS receive a limited, non-transferable, revocable license to access the platform and its features during the active subscription term.

You agree not to:

Resell or sublicense platform access

Reverse-engineer, replicate, or duplicate proprietary systems

Circumvent system protections or misuse account privileges

Share login credentials outside your organization

Misuse includes, but is not limited to, using the platform for unethical or illegal activity, spamming, bad-faith review threats, or public disparagement while under contract. Convertis reserves the right to suspend or terminate access at its sole discretion.

Convertis reserves the right to monitor platform usage to ensure compliance with these Terms and to protect system integrity.

4. Billing & Payment Terms

Payment Terms: All services are billed in advance unless otherwise agreed in writing.

Auto-Renewal: Subscriptions renew automatically unless canceled before the next billing cycle.

Late Payments: Overdue invoices may result in paused service access, delayed fulfillment, or account suspension.

Setup Fees: All onboarding or one-time setup fees are non-refundable.

Refunds: No refunds are issued for unused services, partial periods, or early cancellations unless required by law.

Disputed Charges: Client agrees to notify Convertis of any billing concerns prior to initiating a chargeback or payment dispute. Unfounded chargebacks constitute a breach of this agreement.

Renewal Responsibility: Clients are responsible for managing their renewal timeline. Failure to cancel prior to renewal does not waive payment obligations.

Failed Payments: Client must maintain an active payment method. Failed payments do not constitute cancellation and may result in a reconnection fee.

Chargeback Enforcement: Any chargebacks initiated without prior good-faith dispute communication may result in legal action, including but not limited to suspension of services, submission to collections, and forfeiture of access to all licensed assets.

You authorize Convertis to charge your provided payment method for all applicable fees.

5. Intellectual Property Rights

Unless expressly transferred in writing:

All campaign strategies, creative assets, code, templates, automations, and workflows developed by Convertis remain the intellectual property of Convertis.

Clients receive a non-exclusive, non-transferable license to use these materials during the active service term.

Client-owned data (CRM contacts, analytics, ad accounts) remains the property of the client and will be exportable upon request during the subscription period.

Upon termination of services, all licenses to Convertis-created assets and systems are revoked.

Clients may not reproduce, replicate, or mimic any proprietary workflows, automations, or platform designs delivered by Convertis for a period of 12 months following service termination.

Clients may not create derivative works from Convertis assets or workflows without explicit written permission, including adaptation for internal use, resale, or inclusion in future business ventures.

Unauthorized use includes duplicating processes, exporting code, adapting workflows for commercial use, or continuing use of Convertis-created assets after license expiration.

By submitting testimonials, screenshots, or performance results, Client grants Convertis a perpetual, royalty-free license to use such materials in public or private marketing content unless otherwise requested in writing.

Convertis may display anonymized or redacted work samples in its portfolio or case studies, provided no confidential client data is disclosed.

Continued use of Convertis-created assets after termination, without written license renewal, constitutes intellectual property infringement and may result in legal action or fees equal to a full 3-month engagement at your most recent billing tier.

Client agrees not to repurpose, clone, or build competing software, services, or templates using Convertis systems, content, or configurations for a period of 12 months following termination.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary business information, client lists, trade secrets, and strategies. This obligation continues after termination of service.

Confidential information includes, but is not limited to, login credentials, platform structures, pricing models, SOPs, and strategic documentation.

7. Termination & Cancellation

Either party may cancel services with written notice 14 days in advance, unless otherwise defined in the scope of work.

Upon cancellation:

All unpaid invoices remain due

Convertis OS access and related services will be revoked

Data export (if applicable) must be requested within 7 days post-cancellation

Platform configuration and proprietary materials are not included in the export

In the event of a material breach, Convertis reserves the right to withhold deliverables, data access, or intellectual property until the issue is resolved, or permanently if legal action is initiated.

Convertis reserves the right to terminate service immediately for abuse, illegal activity, or nonpayment.

8. Client Responsibilities

Client agrees to:

Provide timely access, approvals, and materials

Respond to communication within a reasonable timeframe

Maintain compliance with advertising and data regulations

Avoid misuse of Convertis tools, platforms, or service relationships

Client acknowledges that marketing outcomes are directly affected by responsiveness, accuracy of shared data, and timely approvals.

Convertis is not liable for delays caused by missing input, credentials, or client-side bottlenecks.

9. Performance Disclaimers

You acknowledge and agree:

Results vary based on budget, industry, competition, and offer strength

Convertis does not guarantee leads, sales, or ROI

Services are delivered in good faith as a strategic partner, not a guaranteed performance provider

While Convertis implements best practices for domain setup, list hygiene, and automation, email deliverability is ultimately dependent on third-party platforms and recipient behavior, and is not guaranteed

10. Limitation of Liability

To the fullest extent permitted by law:

Convertis shall not be liable for indirect, incidental, or consequential damages

Total liability shall not exceed the amount paid by Client in the 30 days prior to the claim

This applies to all causes of action, including negligence or breach.

11. Indemnification

Client agrees to indemnify and hold harmless Convertis, its team, affiliates, and partners from third-party claims arising from:

Use or misuse of services

Breach of these Terms

Content or materials provided by Client for publication

12. Non-Solicitation

Client agrees not to directly solicit, hire, or engage Convertis employees, contractors, or vendors for 12 months after the service period without prior written consent.

13. Force Majeure

Convertis is not liable for delays or failures resulting from events beyond its control, including:

Service platform outages (Google, Meta, GHL)

Internet disruptions or power failures

Government intervention, war, natural disaster, or civil unrest

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of Texas.

Parties agree to attempt informal resolution first

Unresolved disputes will be resolved by confidential, binding arbitration in Collin County, TX

No class action arbitration is permitted

Each party will bear its own legal fees unless otherwise awarded

15. Updates to These Terms

Convertis may revise these Terms at any time. Clients will be notified of material changes via email or portal.

Convertis reserves the right to enforce updated Terms immediately upon notice for matters involving compliance, system security, or abuse.

Continued use of services constitutes agreement to the updated Terms.

16. Publicity Waiver

Unless otherwise requested in writing, Client grants Convertis the right to list Client’s name, logo, and general industry as part of Convertis’ promotional materials, case studies, and sales collateral. No proprietary performance data will be shared without explicit approval.

17. Entire Agreement & Severability

These Terms, along with your service agreement or scope of work, represent the entire agreement between the parties. If any provision is found unenforceable, the remaining provisions will remain in effect. No waiver or amendment will be valid unless in writing and signed by both parties.

📬 Contact

Questions about these Terms may be directed to:

📧 [email protected]

© 2025 Convertis Digital Marketing, LLC. All rights reserved.