Terms and Conditions

1. About FleetScale Marketing

FleetScale Marketing (“FleetScale Marketing,” “we,” “us,” or “our”) provides digital marketing, lead generation, business growth, consulting, automation, and related marketing services for service-based businesses—including home services, contractors, professional firms, transportation and livery, and specialty services.

Our Services may include, but are not limited to:

• Digital marketing strategy and consulting
• Website and landing page development
• Search engine optimization (SEO)
• Lead generation
• CRM and marketing automation
• Email and SMS marketing
• Advertising strategy and campaign management
• Content and social media marketing
• Marketing analytics and reporting
• Business growth assessments and consultations
• Related technology and marketing support

Specific services, deliverables, pricing, and terms may vary depending on the package, subscription, proposal, order form, or service agreement selected.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use our Services.

If you are using our Services on behalf of a company, organization, or other entity, you represent that you have the authority to bind that entity to these Terms.

3. Use of the Website

You agree to use our website and Services only for lawful purposes.

You may not:

• Use the website for fraudulent, unlawful, or unauthorized purposes;
• Attempt to gain unauthorized access to our systems, accounts, or data;
• Interfere with or disrupt the operation or security of the website;
• Copy, reproduce, modify, distribute, or exploit our content without permission;
• Upload malicious code, viruses, or harmful materials;
• Impersonate another person or business; or
• Use our Services in a manner that violates applicable laws or regulations.

We reserve the right to restrict or terminate access to the website or Services if we reasonably believe these Terms have been violated.

4. Marketing Services

Our Services are provided according to the scope described in the applicable service package, proposal, order form, or agreement.

We will make reasonable efforts to provide the Services described in the applicable offering. However, specific strategies, deliverables, timelines, platforms, and results may vary based on the client's business, industry, market conditions, available information, budget, and cooperation.

Unless specifically stated in writing, services do not include third-party costs such as:

• Advertising spend
• Domain registration
• Hosting
• Software subscriptions
• CRM or platform fees
• Third-party applications
• Stock media or licensed content
• Payment processing fees
• Other third-party products or services

Such costs may be the client's responsibility.

5. No Guarantee of Results

FleetScale Marketing does not guarantee specific business, financial, marketing, advertising, lead-generation, sales, search-engine, website-traffic, conversion, or revenue results.

Marketing performance may be affected by factors outside our control, including:

• Market conditions
• Competition
• Advertising platform changes
• Search engine algorithm changes
• Client pricing and offers
• Sales processes
• Lead quality
• Customer demand
• Website performance
• Client responsiveness
• Advertising budgets
• Third-party platform policies and outages

Any examples, case studies, projections, estimates, or statements regarding potential results are illustrative only and should not be interpreted as a guarantee of future performance.

6. Client Responsibilities

To effectively provide the Services, you agree to provide accurate, complete, and timely information and materials that we reasonably request.

Depending on the Services, you may be responsible for providing:

• Business information
• Branding materials
• Logos and images
• Website and domain access
• CRM or software access
• Advertising account access
• Social media access
• Customer or prospect information
• Service and pricing information
• Approvals and feedback

You are responsible for ensuring that information and materials you provide to us are accurate and that you have the necessary rights and permissions to use them.

Delays caused by missing information, access, approvals, or client feedback may affect project timelines.

7. Third-Party Platforms

Our Services may involve third-party platforms, including advertising networks, search engines, social media platforms, CRM systems, payment processors, communication platforms, hosting providers, and other software.

We do not control third-party platforms and are not responsible for:

• Changes to their policies or algorithms;
• Account suspensions or restrictions;
• Service interruptions or outages;
• Changes in pricing or functionality;
• Data loss caused by third parties; or
• Decisions made by third-party platforms.

Clients are responsible for complying with the applicable terms and policies of third-party platforms used in connection with their accounts.

8. Website, SEO and Advertising Disclaimer

SEO, advertising, and digital marketing involve variables that cannot be completely controlled or predicted.

FleetScale Marketing may make recommendations based on generally accepted marketing practices and available data. However, we do not guarantee:

• A particular search-engine ranking;
• A specific number of leads;
• A particular cost per lead;
• Advertising approval;
• Advertising account approval or continued access;
• Website traffic levels;
• Conversion rates;
• Sales volume; or
• Revenue.

Advertising budgets paid to advertising platforms are separate from our service fees unless expressly stated otherwise.

9. Consultations and Strategy Calls

Consultations, including digital growth assessments and marketing strategy calls, are intended to provide general marketing observations, recommendations, and potential next steps.

Information provided during a consultation should not be considered legal, financial, accounting, tax, or other professional advice unless expressly stated otherwise by a properly qualified professional.

We reserve the right to reschedule or cancel a consultation when reasonably necessary.

10. Fees and Payments

Fees for Services will be disclosed during the purchase, enrollment, proposal, order form, or applicable service agreement.

By purchasing a paid Service, you authorize FleetScale Marketing or its designated payment processor to charge the payment method provided for applicable fees.

For recurring Services, you authorize recurring charges according to the billing schedule presented at the time of purchase.

You are responsible for keeping your payment information accurate and up to date.

If a payment fails, is declined, reversed, or remains unpaid, we may:

• Attempt to process the payment again;
• Temporarily suspend Services;
• Restrict access to applicable systems or Services; and/or
• Terminate the applicable Service or subscription.

11. Subscriptions, Upgrades and Downgrades

Certain FleetScale Marketing Services may be offered on a recurring subscription basis.

Available plans, features, pricing, billing frequency, and included Services will be identified during the enrollment process.

If available, clients may request an upgrade or downgrade according to the applicable plan terms.

Changes to a subscription may affect available features, usage limits, services, or billing amounts.

Unless otherwise stated in writing, changing plans does not automatically cancel previously incurred charges or outstanding balances.

12. Cancellation and Termination

Either party may terminate Services when permitted under the applicable service agreement or subscription terms.

For recurring subscriptions, cancellation requests should be submitted through the designated cancellation process or in writing to the contact method provided by FleetScale Marketing.

Cancellation generally applies to future billing periods and does not automatically eliminate fees that have already been incurred.

We may suspend or terminate Services if:

• You fail to make required payments;
• You materially violate these Terms;
• You provide unlawful or fraudulent information;
• Your use of the Services creates a security or legal risk; or
• Continued provision of Services is otherwise reasonably impractical or prohibited.

Upon termination, you remain responsible for amounts owed through the effective termination date.

13. Refunds

Refund eligibility depends on the specific Service, package, subscription, or agreement purchased.

Unless a separate written refund policy or service agreement states otherwise, payments for Services already performed, completed work, third-party expenses, advertising spend, software costs, and other incurred expenses are generally non-refundable.

Any applicable refund will be handled according to the terms presented at the time of purchase.

14. Intellectual Property

All content owned or created by FleetScale Marketing, including our website content, branding, logos, graphics, templates, frameworks, processes, strategies, written materials, software, training materials, designs, systems, and proprietary methodologies, is owned by or licensed to FleetScale Marketing and is protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, sell, sublicense, or commercially exploit our proprietary materials without our prior written permission.

15. Client Materials and Content

You retain ownership of materials and content that you provide to FleetScale Marketing, subject to any applicable third-party rights.

By providing materials to us, you grant FleetScale Marketing the permission reasonably necessary to use, reproduce, modify, publish, and distribute those materials solely for the purpose of providing the agreed Services.

You represent that you have the necessary rights, licenses, permissions, and authority to provide such materials and authorize their use.

16. Marketing Content and Approvals

Where client approval is required, the client is responsible for reviewing and approving marketing materials before publication.

You are responsible for ensuring that approved content, claims, pricing, offers, business information, and other representations are accurate and lawful.

FleetScale Marketing is not responsible for inaccuracies contained in client-provided information or content approved by the client.

17. Compliance with Laws

You are responsible for ensuring that your business, products, services, offers, communications, and use of marketing materials comply with all applicable laws and regulations.

This may include laws relating to advertising, privacy, consumer protection, email marketing, SMS/text messaging, telemarketing, data protection, intellectual property, and industry-specific requirements.

FleetScale Marketing may provide marketing and technical assistance but does not provide legal advice or guarantee that a client's business or marketing activities comply with every applicable law.

18. Email and SMS Marketing

If our Services include email or SMS marketing, you are responsible for ensuring that your contact lists and marketing communications comply with applicable laws, regulations, consent requirements, opt-out requirements, and third-party platform policies.

You agree not to provide us with contact information that you do not have the legal right or appropriate permission to use for marketing communications.

Recipients must be provided with appropriate methods to unsubscribe or opt out where required by applicable law.

19. Privacy

Our collection and use of personal information are governed by our applicable Privacy Policy.

By using the website or Services, you acknowledge that information may be collected, processed, stored, and used as described in the Privacy Policy.

20. Confidentiality

Each party may receive confidential or proprietary information from the other party in connection with the Services.

Each party agrees to use reasonable care to protect confidential information and not disclose it to unauthorized third parties, except where disclosure is required by law or is reasonably necessary to provide the Services.

Information that is publicly available, independently developed, already lawfully known, or lawfully obtained from another source will not be considered confidential.

21. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the website and Services are provided on an “as is” and “as available” basis.

FleetScale Marketing makes no warranties, express or implied, regarding the website or Services, including warranties of merchantability, fitness for a particular purpose, availability, accuracy, reliability, non-infringement, or specific marketing or business outcomes.

We do not warrant that the website or Services will always be uninterrupted, secure, error-free, or available.

22. Limitation of Liability

To the maximum extent permitted by applicable law, FleetScale Marketing and its owners, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the website or Services.

To the maximum extent permitted by law, FleetScale Marketing's total aggregate liability arising from the Services will not exceed the amount of fees actually paid by you to FleetScale Marketing for the specific Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

23. Indemnification

You agree to defend, indemnify, and hold harmless FleetScale Marketing, its owners, employees, contractors, affiliates, and service providers from claims, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of:

• Your violation of these Terms;
• Your unlawful use of the Services;
• Your violation of applicable laws or regulations;
• Materials or information you provide to us;
• Your products, services, offers, or business practices; or
• Your violation of a third party's rights.

24. Testimonials and Case Studies

If you voluntarily provide a testimonial, review, feedback, or success story regarding FleetScale Marketing, you grant us permission to use it for marketing and promotional purposes, unless you expressly request otherwise in writing.

We will not knowingly misrepresent your statements or results.

25. Changes to These Terms

We may update these Terms from time to time to reflect changes to our Services, business practices, legal requirements, or other circumstances.

Updated Terms will be posted on our website with a revised “Last Updated” date.

Your continued use of the website or Services after an update constitutes acceptance of the revised Terms to the extent permitted by applicable law.

26. Governing Law

These Terms will be governed by and interpreted in accordance with the laws applicable to FleetScale Marketing and the jurisdiction specified in any applicable service agreement.

If no separate governing-law provision applies, the parties agree to work in good faith to resolve disputes before pursuing formal legal proceedings.

27. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in full force and effect to the extent permitted by law.

28. Entire Agreement

These Terms, together with any applicable service agreement, proposal, order form, subscription terms, Privacy Policy, and other written agreements between you and FleetScale Marketing, constitute the agreement governing your use of the applicable Services.

If there is a conflict between these Terms and a separately signed written agreement, the separately signed agreement will control to the extent of the conflict.