Terms of Service

By accessing or using Amplify Marketing's services, website, or platform ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our Services.

These Terms apply to all users of our Services, including clients, website visitors, and anyone accessing our content or platform.

Amplify Marketing provides AI-powered marketing services including:

• AI marketing strategy development and implementation
• Customer journey intelligence and optimization
• Marketing automation and personalization
• Performance analytics and reporting
• Consulting and advisory services
• Educational content and resources

Services are provided subject to availability and may be modified, suspended, or discontinued at our discretion with appropriate notice.

Eligibility:

• You must be at least 18 years old
• You must have the authority to bind your organization
• You must provide accurate and complete information
• You must comply with all applicable laws and regulations

Account Security:

• You are responsible for maintaining account security
• You must notify us immediately of any unauthorized access
• You are liable for all activities under your account
• We may suspend or terminate accounts that violate these Terms

As a client, you agree to:

• Provide accurate and complete information about your business
• Grant necessary access to marketing platforms and data
• Respond promptly to requests for feedback and approvals
• Comply with all applicable laws and industry regulations
• Maintain appropriate licenses for any provided assets
• Pay invoices according to agreed terms
• Use our services only for lawful business purposes

Your Content:

• You retain ownership of all content you provide
• You grant us license to use your content for service delivery
• You represent that you have rights to all provided content

Our Work Product:

• You own strategies and customized materials created for you
• We retain ownership of our methodologies and tools
• You receive usage rights to AI models trained on your data
• Pre-existing IP and general methodologies remain ours

Platform and Technology:

• All platform technology and software remain our property
• You receive limited license to use our platform during service term
• Reverse engineering or copying our technology is prohibited

Payment Terms:

• Fees are as specified in your service agreement
• Payments are due within 30 days of invoice date
• Late payments may incur interest charges (1.5% per month)
• All fees are non-refundable except as specifically provided

Fee Changes:

• We may change fees with 60 days' written notice
• Fee increases apply to renewal terms, not current contracts
• You may terminate before fee increases take effect

Taxes:

Fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and assessments except taxes on our net income.

Service Standards:

• We will provide services with professional skill and care
• Services will substantially conform to agreed specifications
• We maintain 99.5% platform uptime (excluding scheduled maintenance)
• Response times as specified in service level agreements

Performance Disclaimers:

• Marketing results depend on many factors beyond our control
• We do not guarantee specific business outcomes or ROI
• Past performance does not guarantee future results
• AI recommendations are predictions, not certainties

Data Ownership:

• You retain ownership of all your business data
• We may use aggregated, anonymized data for service improvement
• You can request data return or deletion upon service termination

Confidentiality:

• Both parties will protect confidential information
• Confidentiality survives termination of these Terms
• Standard exceptions apply (public information, legal requirements)

Privacy:

Our data practices are governed by our Privacy Policy, which is incorporated by reference into these Terms.

Termination by You:

• 30 days' written notice for ongoing services
• Immediate termination for material breach by us
• Fees paid for incomplete periods are non-refundable

Termination by Us:

• 30 days' notice for convenience
• Immediate termination for breach, non-payment, or legal requirements
• Immediate termination for misuse of services or platform

Effect of Termination:

• All rights and licenses terminate immediately
• Outstanding invoices become due immediately
• We will return or delete your data as requested
• Confidentiality obligations continue indefinitely

Liability Cap:

Our total liability for any claims arising from these Terms or our services will not exceed the total fees paid by you in the 12 months preceding the claim.

Excluded Damages:

Neither party will be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, even if advised of their possibility.

Exceptions:

Liability limitations do not apply to: (a) either party's indemnification obligations, (b) violations of intellectual property rights, or (c) breaches of confidentiality.

Your Indemnification:

You will defend, indemnify, and hold us harmless from claims arising from: (a) your content or materials, (b) your use of our services, (c) your violation of laws or third-party rights, or (d) your breach of these Terms.

Our Indemnification:

We will defend, indemnify, and hold you harmless from claims that our services infringe third-party intellectual property rights, subject to your compliance with these Terms and our direction of the defense.

Governing Law:

These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

Dispute Resolution:

• Good faith negotiations for 30 days before formal proceedings
• Binding arbitration for disputes over $25,000
• Courts of Delaware for injunctive relief and disputes under $25,000

Modifications:

We may modify these Terms with 30 days' notice. Continued use constitutes acceptance. Individual service agreements may have different modification terms.

Entire Agreement:

These Terms, together with your service agreement and privacy policy, constitute the entire agreement between us regarding our services.