TERMS OF SERVICE

Last Updated: September 25, 2026

Welcome to Cierto Marketing ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, software integrations, digital ad management, and marketing tools (collectively, the "Services").

By accessing our website, purchasing our services, or signing a Service Agreement or Statement of Work (SOW) with Cierto Marketing, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Scope of Services

Cierto Marketing provides digital marketing services, including but not limited to online advertising management, website design and development, search engine optimization (SEO), lead generation systems, customer relationship management (CRM) setups, and automated AI lead capture tools.

The specific deliverables, campaign goals, timelines, and pricing for your account will be detailed in your individual Service Agreement or Statement of Work (SOW). In the event of a conflict between these Terms and an individual SOW, the terms of the SOW shall govern.

2. Fees, Payments, and Billing

• Retainers and Setup Fees: All setup fees, strategy fees, and recurring monthly retainers must be paid in advance of service delivery unless explicitly stated otherwise in your SOW.

• Ad Spend: Client acknowledges that agency service fees do not include direct advertising spend on third-party platforms (e.g., Meta, Google Ads, TikTok). Client is solely responsible for paying ad platforms directly via their own payment methods attached to their ad accounts.

• Recurring Billing: For subscription or recurring retainer services, Client authorizes Cierto Marketing to automatically charge the payment method on file on a monthly recurring basis until canceled in accordance with Section 3.

• Late Payments: Payments not received within five (5) business days of the due date may result in a temporary suspension of Services, including the pausing of active ad campaigns and software integrations.

3. Term, Performance Guarantees, and Cancellation

• Term: The initial duration of services will be specified in your SOW. Following the initial term, services roll over to a month-to-month basis unless renewed or terminated.

• Cancellation Notice: Either party may terminate monthly services by providing a written notice (via email) at least 30 days prior to the next billing cycle.

• Performance Guarantees: Any specific revenue, pipeline, or lead volume guarantees offered by Cierto Marketing are subject to the specific performance conditions and qualifiers outlined in your individual SOW. If no performance guarantee is explicitly written into your signed SOW, Cierto Marketing makes no promises regarding exact conversion rates or financial returns.

• Refunds: Due to the custom labor and upfront resource allocation required for ad management, web development, and AI integrations, all setup fees and monthly retainer payments are non-refundable once work has commenced.

4. Client Responsibilities & Ad Account Access

To ensure campaign success, Client agrees to:

• Provide timely access to necessary ad accounts, domain names, host servers, social media channels, and software integrations.

• Provide accurate business information, brand assets, images, and approvals in a timely manner.

• Ensure all products, services, and claims promoted through Cierto Marketing comply with local laws and the advertising policies of third-party platforms (e.g., Meta Advertising Policies, Google Ads Policies).

Cierto Marketing is not responsible for campaign delays or poor performance resulting from Client’s delay in providing access, approvals, or required materials.

5. Intellectual Property Rights

• Client Materials: Client retains all ownership rights to its trademarks, logos, proprietary images, and existing client data provided to Cierto Marketing.

• Deliverables & Creative Assets: Upon full payment of all outstanding invoices, Client owns the final customized creative deliverables (e.g., website graphics, ad copy, landing page designs) produced specifically for Client.

• Agency Tools & Frameworks: Cierto Marketing retains sole ownership of its underlying processes, proprietary software workflows, AI system prompt architectures, pre-built funnel templates, and internal agency tools used to execute the Services.

6. Third-Party Platforms and AI Tools

Client acknowledges that Cierto Marketing utilizes third-party platforms, APIs, software, and AI models (including but not limited to Google, Meta, GoHighLevel, OpenAI, and hosting providers) to execute marketing campaigns and automated communications.

Cierto Marketing is not liable for:

• Account suspensions, ad disapprovals, or bans imposed by third-party ad platforms (e.g., Meta, Google) due to policy changes or platform updates.

• Outages, service interruptions, or technical defects originating from third-party software providers or hosting servers.

• Minor anomalies or inaccuracies inherent in natural language AI models, provided Cierto Marketing has set up reasonable guardrails.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Cierto Marketing, its officers, employees, or partners shall not be liable for any indirect, incidental, consequential, special, or punitive damages—including loss of revenue, lost profits, lost data, or business interruption—arising out of or in connection with the performance or non-performance of our Services.

Cierto Marketing's total aggregate liability for any claims arising under these Terms shall not exceed the total amount of fees paid by Client to Cierto Marketing in the three (3) months preceding the event giving rise to the claim.

8. Confidentiality and Data Privacy

Both parties agree to hold in strict confidence all proprietary or confidential information disclosed during the business relationship. Cierto Marketing agrees to handle all customer data captured through ad campaigns and automated workflows in accordance with applicable data protection laws and our Privacy Policy.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the state or federal courts located in Monterey County, CA

10. Modifications to Terms

Cierto Marketing reserves the right to update or modify these Terms at any time. Any changes will be posted on this page with an updated "Last Updated" date. Continued use of our Services after any modifications constitutes your acceptance of the revised Terms.

11. Contact Information

If you have any questions regarding these Terms of Service, please contact us at:

• Company Name: Cierto Marketing

• Email: [email protected]

• Website: https://ciertomarketing.com