1. Introduction

These Terms of Service (“Terms”) govern your access to and use of services provided by Media Ace Marketing (“we,” “our,” “us,” or “Company”), including our Customer Relationship Management (CRM) software, Voice AI services, Search Engine Optimization (SEO), Pay-Per-Click (PPC) advertising, Social Media Marketing (SMM), Lead Generation, and Website Design/Development services (collectively, the “Services”).

2. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

3. Service Description

3.1 Scope of Services

3.1.1 CRM and AI Services

We provide:

• CRM platform access and management 
• Voice AI services for inbound communications
• AI-powered automation and optimization
• Data analytics and reporting
• Integration with third-party platforms
• Custom workflow development

3.1.2 Digital Marketing Services

We deliver:

• Search Engine Optimization (SEO)
  • Technical website optimization
  • Content strategy and creation
  • Keyword research and implementation
  • Performance tracking and reporting
  • Google Search Console management
• Pay-Per-Click (PPC) Advertising
  • Campaign strategy and setup
  • Ad copy creation and testing
  • Budget management
  • Performance optimization
  • ROI tracking and reporting
• Social Media Marketing (SMM)
  • Platform strategy and management
  • Content creation and scheduling
  • Community engagement
  • Performance analytics
  • Paid social advertising
• Website Services
  • Custom design and development
  • Technical optimization
  • Content creation and management
  • Security monitoring
  • Performance optimization

3.1.3 Lead Generation

We provide:

• Strategic campaign development
• Landing page creation
• Form and conversion optimization
• Lead qualification processes
• Marketing automation setup
• Lead tracking and reporting

3.2 Service Delivery Standards

3.2.1 Response Times and Communication

• Business hours: Monday through Friday, excluding holidays
• Standard response time: Within 24 business hours
• Emergency support is not provided outside business hours
• We do not offer expedited services or rush delivery
• All work is completed according to standard timelines to maintain quality

3.2.2 Project Timelines

• Project timelines are provided as estimates based on typical delivery schedules
• Actual completion times may vary based on project complexity and client responsiveness
• Changes to project scope may affect delivery timeline
• Quality assurance testing periods are included in all timelines
• Rushed or expedited work is not available to ensure quality standards

3.2.3 Delivery Process

• Clear project milestones established at start
• Regular progress updates provided
• Review and revision periods included
• Client approval required at key stages
• Final delivery upon completion of all revisions

3.2.4 Quality Assurance

• All deliverables undergo internal review
• Testing periods included for technical implementations
• Performance monitoring for ongoing services
• Regular audits of automated systems
• Systematic quality checks before final delivery

4. Client Responsibilities

4.1 Account Management and Access

Clients must:

• Maintain accurate account and business information
• Protect and securely store all account credentials
• Promptly notify us of any unauthorized access
• Ensure authorized users comply with these Terms
• Grant and maintain necessary platform access (Google, social media, etc.)
• Update us about any changes in access or authorization
• Respond to access-related issues within 2 business days

4.2 Content and Materials

Clients are responsible for:

• Providing necessary materials and information within agreed timeframes
• Ensuring all provided content complies with applicable laws
• Obtaining and maintaining required permissions and rights
• Maintaining their own backups of provided materials
• Reviewing and approving content within specified timeframes
• Ensuring accuracy of business and product information
• Notifying us of any content restrictions or guidelines

4.3 Communication and Collaboration

Clients agree to:

• Designate a primary point of contact
• Respond to queries within 2 business days
• Attend scheduled strategy and review meetings
• Provide timely feedback on deliverables
• Communicate any changes in business objectives
• Alert us to any compliance or regulatory requirements
• Participate in necessary training sessions

4.4 Technical Access and Support

Clients must:

• Provide necessary website and hosting access
• Maintain active licenses for required software
• Ensure website and technical infrastructure availability
• Grant access to necessary analytics and tracking tools
• Maintain accurate tracking and conversion setup
• Support implementation of technical recommendations

5. Payment Terms

5.1 Fees and Billing

• Services are billed according to agreed-upon rates
• Monthly subscription services are processed via Stripe
• Setup fees apply to initial service implementation
• All fees are non-negotiable once agreed upon
• Prices subject to annual review and adjustment

5.2 Payment Processing

• Monthly subscriptions are auto-billed via Stripe
• Setup fees due before service initiation
• All fees are in USD
• Declined payments must be resolved within 5 business days
• Multiple declined payments may result in service suspension

5.3 Subscription Terms

• Monthly subscriptions auto-renew unless canceled
• Cancellations require 30 days written notice
• No refunds for partial month usage
• Price changes effective with 30 days notice
• Minimum commitment periods may apply

5.4 Late Payments

• Payments past due over 5 days incur late fees
• Services may be suspended for overdue payments
• Reinstatement fees may apply after suspension
• Collection fees charged for severely overdue accounts
• All work pauses during payment resolution

5.5 Refunds and Credits

• Setup fees are non-refundable
• Service fees are non-refundable once work begins
• Credits may be issued for service interruptions
• Refund requests reviewed on case-by-case basis
• No refunds for unused service periods

6. Intellectual Property and Content Ownership

6.1 Original Content Ownership

• Clients retain full ownership of all original materials provided to us, including:
  • Brand assets and guidelines
  • Existing marketing materials
  • Product information and descriptions
  • Customer data and lists
  • Proprietary business information

6.2 Created Content Ownership

6.2.1 Website Content and Technical Elements

• Upon full payment, clients own:
  • Custom website designs and layouts
  • Written website content
  • Technical optimizations (meta tags, schema markup)
  • Custom images and graphics
  • Website functionality and features

6.2.2 Marketing Content

• Upon full payment, clients own:
  • Blog posts and articles
  • Social media posts and campaigns
  • Email marketing templates and content
  • Video content and scripts
  • Marketing graphics and visuals
  • Google Business Profile optimizations
  • Ad copy and campaign materials

6.2.3 AI-Generated Content

• Clients own rights to final AI-generated content upon payment
• We retain rights to:
  • AI training processes and methodologies
  • AI system prompts and parameters
  • Aggregate, anonymized AI learning data

6.3 Agency Rights and Retention

We retain:

• Rights to our proprietary tools and processes
• Marketing strategies and methodologies
• Portfolio usage rights (unless explicitly excluded)
• Template designs and frameworks
• Aggregate performance data
• Generic content structures and formats

6.4 License Grants

6.4.1 Client License to Agency

Clients grant us:

• Limited license to use their materials for service delivery
• Right to access and modify their digital properties
• Permission to create derivative works
• Authority to manage third-party platforms

6.4.2 Agency License to Client

We grant clients:

• Perpetual license to use deliverables upon payment
• Right to modify and adapt delivered content
• License to use our tools during service period
• Access to created accounts and platforms

7. Confidentiality

Both parties agree to:

• Protect confidential information
• Limit access to authorized persons
• Use information only for service delivery
• Return or destroy confidential information upon request

8. Term and Termination

8.1 Term

Services continue until terminated according to these Terms.

8.2 Termination

• Clients may terminate with 30 days written notice
• We may terminate immediately for Terms violations
• We may suspend services for non-payment
• Either party may terminate for material breach

8.3 Effect of Termination

Upon termination:

• All licenses terminate
• Access to services ends
• Final payments become due
• Data must be exported within 30 days
• Confidential information must be returned or destroyed

9. Warranties and Disclaimers

9.1 Service Warranty

We warrant that:

• Services will be performed professionally
• We will comply with applicable laws
• We have rights to provide services

9.2 Disclaimer

• No guarantee of specific results
• Services provided “as is”
• No warranty of uninterrupted service
• Results depend on multiple factors

10. Limitation of Liability

• Liability limited to fees paid
• No liability for indirect damages
• Force majeure exclusions apply
• Exclusions may not apply to all jurisdictions

11. Indemnification

Clients agree to indemnify us against claims arising from:

• Client content or materials
• Client’s use of services
• Violation of these Terms
• Violation of third-party rights

12. Governing Law

These Terms are governed by Michigan law, without regard to conflicts of law principles.

13. Dispute Resolution

• Disputes resolved through negotiation first
• Binding arbitration if negotiation fails
• Small claims court option preserved
• Class action waiver applies

14. Changes to Terms

We may modify these Terms with:

• 30 days notice for material changes
• Immediate effect for non-material changes
• Continued use constitutes acceptance

15. Contact Information

For questions about these Terms:

Media Ace Marketing
Email: info@mediaacemarketing.com
Phone: 517-955-2154