Got it 👍 — here’s a generalized Terms of Service (TOS) template for a digital marketing agency like AI Digital Commerce. This is a starting point; you’d still want a lawyer to review and customize it for compliance with your local laws and business model.
Terms of Service
Welcome to AI Digital Commerce (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website, services, and digital marketing solutions (collectively, the “Services”). By engaging with our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.
1. Services Provided
We provide digital marketing services, which may include but are not limited to:
- Pay-Per-Click (PPC) advertising management
- Search Engine Optimization (SEO)
- Social media marketing and management
- Content creation and strategy
- Analytics and performance reporting
The scope of Services will be outlined in a written agreement, proposal, or statement of work (“SOW”) between the parties.
2. Eligibility
You must be at least 18 years old and legally able to enter into contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.
3. Client Responsibilities
To enable us to provide Services effectively, you agree to:
- Provide accurate, complete, and timely information as requested.
- Maintain access to advertising platforms, accounts, and third-party tools where necessary.
- Ensure compliance with applicable laws, including intellectual property and advertising standards.
- Pay all fees as outlined in Section 5.
4. Term and Termination
- Initial Term: Unless otherwise specified, agreements require a minimum term of three (3) months.
- Ongoing Services: After the initial term, Services continue on a month-to-month basis unless terminated.
- Cancellation: Either party may terminate with thirty (30) days’ written notice.
- Immediate Termination: We may suspend or terminate Services immediately if you breach these Terms or fail to pay fees.
5. Fees and Payment
- Fees will be specified in your signed agreement, proposal, or invoice.
- Payments are due [e.g., within 14 days] of the invoice date unless otherwise agreed.
- Late payments may result in suspension of Services and may incur interest charges at the maximum rate permitted by law.
- Fees paid for management or consulting Services are non-refundable.
6. No Guarantee of Results
While we use best practices and industry expertise, we do not guarantee specific results (e.g., sales, revenue, ranking, ad performance). Performance depends on factors outside our control, including third-party platforms and market conditions.
7. Intellectual Property
- Your Materials: You retain ownership of all content, logos, and trademarks you provide to us. You grant us a limited license to use these materials solely to provide the Services.
- Our Work: Unless otherwise agreed, we retain ownership of methodologies, templates, and proprietary tools we develop. Upon full payment, you may receive a license to use creative deliverables we produce specifically for you.
8. Confidentiality
Both parties agree to keep confidential all non-public information shared in connection with the Services, unless disclosure is required by law.
9. Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, or consequential damages.
- Our total liability for any claim related to the Services will not exceed the total fees paid to us in the three (3) months preceding the claim.
10. Third-Party Platforms
Our Services may rely on platforms such as Google, Meta (Facebook/Instagram), Amazon, LinkedIn, or others. We are not responsible for changes, downtime, policies, or costs imposed by third-party platforms. You remain responsible for all advertising spend paid directly to these platforms.
11. Indemnification
You agree to indemnify and hold harmless from any claims, damages, or expenses arising from your misuse of the Services, violation of these Terms, or infringement of third-party rights.
12. Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law rules. Any disputes shall be resolved in the courts of Texas.
13. Modifications
We may update these Terms at any time. The most current version will be posted on our website. Continued use of our Services after changes are posted constitutes acceptance of the revised Terms.
14. Contact Us
If you have questions about these Terms, please contact us at:
AI Digital Commerce