Terms of Service

1. Definitions

As used throughout these Terms, the following definitions apply:

• “Activation Fee” means the one-time, non-refundable fee charged upon onboarding, as described in Section 4.1.
• “Agreement” means these Terms of Service, together with any Order Forms, invoices, or written amendments executed by the parties.
• “Authorized User” means any individual permitted by Customer to access or use the Services under Customer’s account.
• “Company,” “MarketingAid,” “we,” “us,” or “our” means MarketingAid Solutions FL, LLC, a Florida limited liability company.
• “Customer,” “you,” or “your” means the business entity or individual who registers for or uses the Services.
• “Customer Content” means all data, text, images, files, and other materials uploaded, submitted, or transmitted by Customer through the Services.
• “Effective Date” means the earlier of: (a) the date Customer clicks to accept these Terms; or (b) the date Customer first accesses or uses the Services.
• “Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, moral rights, and other proprietary rights recognized under applicable law.
• “Platform” means MarketingAid’s proprietary digital infrastructure, including all software, templates, systems, configurations, and technology used to deliver the Services.
• “Privacy Policy” means the MarketingAid privacy policy available at https://www.marketingaid.org/privacy-policy, incorporated herein by reference.
• “Services” means the website design, hosting, appointment scheduling, subscription-based infrastructure, technical support, and all related offerings provided by MarketingAid.
• “Subscription Fee” means the recurring monthly fee charged for continued access to the Services, as described in Section 4.2.
• “Subscription Term” means each monthly billing period beginning on the date of initial activation and renewing automatically until cancelled in accordance with Section 5.

2. Acceptance of Terms and Eligibility

2.1 Acceptance

By registering for, accessing, or using the Services in any manner, Customer: (a) accepts and agrees to be bound by this Agreement in its entirety; (b) represents that it has the legal authority to enter into a binding contract; and (c) acknowledges that this Agreement constitutes a legally enforceable contract between Customer and MarketingAid.

2.2 Eligibility

The Services are available exclusively to business entities and individuals operating in a commercial capacity. The Services are not directed to consumers acting in a personal, family, or household capacity. By using the Services, Customer represents and warrants that it is not a “consumer” as defined under applicable consumer protection statutes, including the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201 et seq., to the maximum extent permitted by law.

2.3 Authority

If Customer is an entity, the individual accepting these Terms represents and warrants that he or she has full authority to bind the entity to this Agreement. If such authority does not exist, the individual agrees to be personally bound by these Terms.

2.4 Modifications

MarketingAid reserves the right to amend these Terms at any time. Amended Terms will be posted at our website and will take effect upon posting. Customer’s continued use of the Services following the posting of amended Terms constitutes acceptance of such amendments. It is Customer’s sole responsibility to review the Terms periodically.

3. Description of Services

3.1 Scope

MarketingAid provides digital infrastructure services on a subscription basis, including:

Website design, development, and hosting;

Appointment scheduling functionality and integrations;

Subscription-based website infrastructure and maintenance;

Technical configuration and customer support.

3.2 Modifications to Services

MarketingAid reserves the right, in its sole discretion and at any time, to: (a) modify, enhance, or discontinue any feature or component of the Services; (b) introduce new features, which may be subject to additional fees; or (c) substitute functionally equivalent technology. MarketingAid shall not be liable to Customer for any such modification or discontinuation.

3.3 Beta Features

MarketingAid may make available certain features on a beta or preview basis. Such features are provided “as is” without warranty of any kind, and MarketingAid may discontinue beta features at any time without notice or liability.

3.4 Third-Party Services

The Services may integrate with or depend upon third-party platforms, tools, or providers (collectively, “Third-Party Services”). MarketingAid makes no representations or warranties regarding Third-Party Services and shall not be liable for any failure, interruption, or change in Third-Party Services. Customer’s use of Third-Party Services is governed by those third parties’ applicable terms.

4. Fees, Payment, and Billing

4.1 Activation Fee

Upon onboarding, Customer shall pay a one-time, non-refundable activation fee of one hundred ninety-nine dollars ($199.00 USD), or such promotional rate as may be offered at the time of enrollment. The activation fee covers initial configuration, setup, infrastructure deployment, and onboarding services. THE ACTIVATION FEE IS NON-REFUNDABLE UNDER ALL CIRCUMSTANCES, EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW.

4.2 Subscription Fee and Auto-Renewal

The Services are offered on a monthly subscription basis at twenty-nine dollars ($29.00 USD) per month, or such pricing tier as applicable to Customer’s plan.

IMPORTANT AUTO-RENEWAL DISCLOSURE (Florida Stat. § 501.165): YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE. YOUR PAYMENT METHOD WILL BE CHARGED ON YOUR RECURRING BILLING DATE WITHOUT FURTHER AUTHORIZATION UNLESS YOU CANCEL IN ACCORDANCE WITH SECTION 5 OF THESE TERMS BEFORE THE END OF THE THEN-CURRENT BILLING PERIOD.

Subscription fees are billed in advance on a recurring monthly basis. All fees are due and payable on the applicable billing date. Customer authorizes MarketingAid to charge Customer’s designated payment method for all fees as they become due. Failure to maintain a valid payment method on file may result in immediate suspension or termination of Services.

4.3 Price Adjustments

MarketingAid reserves the right to modify its fees upon no less than thirty (30) days’ prior written notice to Customer. Price adjustments apply prospectively to the next billing cycle following the notice period. MarketingAid may, at its sole discretion, offer pricing accommodations to existing subscribers; however, no Customer is entitled to indefinite pricing protection, and no course of dealing shall create a binding obligation to maintain any particular fee level.

4.4 Taxes

All fees are exclusive of applicable federal, state, local, and foreign taxes, duties, levies, or similar assessments. Customer is solely responsible for all such taxes, excluding taxes based on MarketingAid’s net income. Where required by applicable law, MarketingAid may collect and remit such taxes on Customer’s behalf.

4.5 Late Payments and Collections

Amounts not paid when due will accrue interest at the rate of one and one-half percent (1.5%) per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until paid in full. Customer shall reimburse MarketingAid for all reasonable costs of collection, including attorneys’ fees, court costs, and collection agency fees.

4.6 Disputed Charges and Chargebacks

Customer agrees to contact MarketingAid at [email protected] to resolve any billing dispute before initiating a chargeback or payment reversal with its financial institution or payment processor. Customer acknowledges that initiating a chargeback without first contacting MarketingAid may constitute a breach of this Agreement and shall result in: (a) immediate suspension or termination of Services; (b) assessment of a chargeback processing fee of fifty dollars ($50.00 USD) per occurrence; (c) reporting of the account to applicable collections agencies; and (d) pursuit of all available legal remedies. Customer remains liable for all amounts properly owed regardless of any chargeback filing.

5. Cancellation and Termination

5.1 Customer Cancellation

Customer may cancel the Services at any time by submitting a written cancellation request to [email protected] or through the account management portal. Cancellation takes effect at the end of the then-current billing cycle. NO PRORATED REFUNDS WILL BE ISSUED FOR ANY UNUSED PORTION OF A PREPAID SUBSCRIPTION PERIOD. Customer’s access to the Services shall remain active until the end of the paid billing cycle.

5.2 Effect of Cancellation or Termination

Upon the effective date of cancellation or termination, regardless of cause:

All rights granted to Customer under this Agreement shall immediately terminate;

Customer’s access to the Services, Platform, and hosted websites will be disabled;

Hosted websites may be taken offline and rendered inaccessible to end users;

All Customer Content may be deleted from MarketingAid’s systems following a retention period of thirty (30) days post-termination, after which MarketingAid shall have no obligation to retain or restore such data;

Customer is solely responsible for exporting and preserving all Customer Content prior to the effective date of cancellation or termination. MarketingAid shall bear no liability for any loss of Customer Content following termination.

5.3 Termination for Cause by MarketingAid

MarketingAid may suspend or terminate the Services, with or without prior notice, upon the occurrence of any of the following:

Non-payment of any fees when due;

Material breach of any provision of this Agreement;

Customer’s engagement in fraudulent, illegal, or harmful activity;

Content policy violations as described in Section 8;

Conduct that exposes MarketingAid to legal liability or reputational harm;

Insolvency, bankruptcy, or assignment for the benefit of creditors by Customer.

Termination under this Section shall not relieve Customer of any outstanding payment obligations, and MarketingAid shall not be liable to Customer for any losses or damages resulting from such termination.

5.4 Survival

The following provisions shall survive termination or expiration of this Agreement: Sections 4 (outstanding payment obligations), 6 (Intellectual Property), 9 (No Performance Guarantees), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), 13 (Governing Law), and all other provisions that by their nature are intended to survive.

6. Domain Names

6.1 Registration

Where MarketingAid facilitates domain registration on Customer’s behalf, MarketingAid will endeavor to register domains in Customer’s name. Customer acknowledges, however, that domain availability and registration procedures are governed by third-party registrars and applicable registry policies, over which MarketingAid has no control.

6.2 Renewal

Domain renewal fees may be included in the applicable subscription plan or billed separately. Customer is solely responsible for ensuring that renewal fees are paid and that domains remain active. MarketingAid shall not be liable for the expiration, loss, or transfer of any domain arising from Customer’s failure to maintain payment.

6.3 Transfers

Domain transfer requests are subject to applicable registrar policies and processing timelines. MarketingAid may charge a reasonable administrative fee for processing domain transfers. Customer acknowledges that certain transfers may require authorization codes or identity verification that are Customer’s responsibility to provide.

7. Intellectual Property

7.1 Company Intellectual Property

All right, title, and interest in and to the Platform, including all software, code, templates, configurations, systems architecture, design elements, tools, methodologies, processes, and all modifications, derivatives, or improvements thereto, are and shall remain the exclusive property of MarketingAid or its licensors. Nothing in this Agreement transfers any ownership interest in MarketingAid’s Intellectual Property Rights to Customer.

Customer is granted a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for the purpose of receiving the Services during the active Subscription Term. This license terminates automatically upon the expiration or termination of this Agreement for any reason.

UPON CANCELLATION OR TERMINATION, CUSTOMER HAS NO RIGHT TO EXPORT, REPRODUCE, COPY, REVERSE-ENGINEER, OR REPLICATE MARKETINGAID’S PROPRIETARY TEMPLATES, THEME CODE, SYSTEM CONFIGURATIONS, OR PLATFORM INFRASTRUCTURE. CUSTOMER MAY EXPORT SOLELY ITS OWN CONTENT (TEXT, IMAGES, AND SIMILAR MATERIALS ORIGINALLY UPLOADED BY CUSTOMER).

7.2 Customer Content

Customer retains all ownership rights in and to Customer Content. Customer hereby grants MarketingAid a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, display, transmit, and process Customer Content solely as necessary to provide the Services. Customer represents and warrants that: (a) it has all necessary rights, licenses, and permissions to submit Customer Content; (b) Customer Content does not infringe the Intellectual Property Rights of any third party; and (c) Customer Content complies with all applicable laws.

7.3 Feedback

Any feedback, suggestions, or recommendations Customer provides to MarketingAid regarding the Services may be used by MarketingAid without restriction or compensation to Customer.

8. Acceptable Use Policy

Customer agrees that it shall not, and shall ensure that its Authorized Users do not, use the Services to:

Violate any applicable federal, state, local, or international law or regulation;

Infringe, misappropriate, or violate the Intellectual Property Rights of any third party;

Transmit, upload, or distribute any malicious code, viruses, spyware, ransomware, or other harmful software;

Host, store, distribute, or transmit any unlawful, defamatory, obscene, fraudulent, or tortious content;

Engage in unauthorized data collection, scraping, or harvesting;

Attempt to gain unauthorized access to any systems, networks, or accounts;

Impersonate any person or entity or misrepresent Customer’s affiliation with any person or entity;

Use the Services in connection with any multi-level marketing, pyramid scheme, or deceptive business practice;

Interfere with or disrupt the integrity or performance of the Services or related systems.

MarketingAid reserves the right, but not the obligation, to investigate and take appropriate action against any violation of this Section, including removing content, suspending or terminating access, and reporting violations to appropriate law enforcement authorities. MarketingAid’s exercise or failure to exercise such rights shall not constitute a waiver.

9. No Performance Guarantees

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. MARKETINGAID EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

MarketingAid specifically does not warrant or represent that the Services will:

Achieve any particular search engine rankings or organic visibility results;

Generate any specific volume of appointment bookings or leads;

Increase Customer’s revenues, profits, or business performance;

Operate without interruption, error, or security breach;

Meet any specific uptime service level not expressly committed to in a separate written service level agreement.

No statement, representation, or commitment made by any MarketingAid employee, contractor, or sales representative shall modify or supplement the foregoing disclaimer unless set forth in a written amendment to this Agreement signed by an authorized officer of MarketingAid.

10. Service Availability

MarketingAid will use commercially reasonable efforts to maintain the availability of the Services. Notwithstanding the foregoing, MarketingAid shall not be liable for any downtime, service degradation, or inaccessibility arising from:

Scheduled or emergency maintenance;

Third-party hosting or infrastructure failures;

Distributed denial-of-service (DDoS) attacks or cybersecurity incidents;

Failures of internet service providers or telecommunications carriers;

Acts or omissions of Customer or its Authorized Users;

Force majeure events as described in Section 14.

MarketingAid does not guarantee any minimum uptime percentage unless expressly set forth in a separately executed service level agreement.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKETINGAID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SUCCESSORS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (B) LOSS OF REVENUE OR PROFITS; (C) LOSS OF DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS; (D) BUSINESS INTERRUPTION; OR (E) COST OF PROCURING SUBSTITUTE SERVICES, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF MARKETINGAID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall MarketingAid’s total aggregate liability to Customer for all claims arising under or relating to this Agreement exceed the total fees actually paid by Customer to MarketingAid in the three (3) calendar months immediately preceding the event giving rise to the applicable claim.

The foregoing limitations shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by applicable law. Some jurisdictions do not allow certain exclusions or limitations; in such jurisdictions, MarketingAid’s liability is limited to the maximum extent permitted by law.

SaaS-Specific Carve-Out: The limitations set forth in this Section apply specifically to all claims related to: (a) Platform availability and uptime; (b) data loss or corruption; (c) third-party integrations; (d) search engine optimization outcomes; (e) revenue generation or business results arising from use of the Platform.

12. Indemnification

Customer shall defend, indemnify, and hold harmless MarketingAid and its officers, directors, employees, agents, licensors, and successors (collectively, “Indemnitees”) from and against any and all third-party claims, actions, demands, losses, damages, costs, liabilities, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

Customer Content or Customer’s business operations;

Customer’s use or misuse of the Services;

Customer’s breach of any representation, warranty, or obligation under this Agreement;

Customer’s violation of any applicable law or regulation;

Customer’s actual or alleged infringement of any third party’s Intellectual Property Rights;

Any claims by Customer’s end users arising from Customer’s business activities.

MarketingAid reserves the right, at Customer’s expense, to assume exclusive control of the defense of any matter subject to indemnification. Customer agrees to cooperate fully with MarketingAid in connection with any such defense.

13. Data Privacy and Security

13.1 Privacy Policy

MarketingAid’s collection, use, and processing of personal data is governed by the Privacy Policy, available at https://www.marketingaid.org/privacy-policy, and incorporated into this Agreement by reference. Customer’s use of the Services constitutes acceptance of the Privacy Policy.

13.2 Customer Responsibility

Customer is solely responsible for ensuring that its collection, use, and transmission of any personal data through the Services complies with all applicable data protection laws, including but not limited to the Florida Information Protection Act (“FIPA”), Fla. Stat. § 501.171, the General Data Protection Regulation (“GDPR”), Regulation (EU) 2016/679, and any other applicable privacy laws.

13.3 GDPR Controller/Processor Relationship

To the extent MarketingAid processes personal data of EU/EEA data subjects on behalf of Customer in connection with the Services, MarketingAid acts as a “data processor” and Customer acts as the “data controller” as those terms are defined under GDPR. Customer represents and warrants that it has a lawful basis for processing such personal data and has provided all required notices to data subjects. Where required by applicable law, the parties agree to enter into a Data Processing Agreement.

13.4 Security

MarketingAid implements commercially reasonable technical and organizational measures to protect Customer Content and personal data against unauthorized access, destruction, or loss. However, no data transmission or storage system is completely secure, and MarketingAid does not warrant absolute security.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES BINDING INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

14.1 Informal Resolution

Before initiating arbitration, the parties agree to first attempt to resolve any dispute informally. The party raising the dispute shall provide written notice to the other party describing the nature of the dispute and desired resolution. The parties shall negotiate in good faith for a period of thirty (30) days. If the dispute is not resolved within that period, either party may initiate arbitration as set forth herein.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in effect at the time of the arbitration, as modified herein. The arbitration shall be conducted by a single arbitrator with demonstrated experience in commercial software or technology disputes. The seat of arbitration shall be Pinellas County, Florida.

14.3 Arbitrator Authority

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable. The arbitrator’s award shall be final, binding, and non-appealable (except as provided by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.), and judgment upon the award may be entered in any court of competent jurisdiction.

14.4 Class Action Waiver

ALL CLAIMS SHALL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR MULTI-PARTY ACTION OR ARBITRATION. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONSOLIDATE CLAIMS OR TO AWARD RELIEF TO ANY PERSON OR ENTITY OTHER THAN THE INDIVIDUAL PARTIES TO THE ARBITRATION. This class action waiver is a material inducement to MarketingAid’s willingness to offer the Services at the stated pricing.

14.5 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to protect its Intellectual Property Rights or Confidential Information pending the conclusion of arbitration, without waiving its right to arbitrate all other claims.

14.6 Fees

AAA filing fees shall be allocated in accordance with AAA’s then-current Commercial Arbitration Rules. The arbitrator may award the prevailing party its reasonable attorneys’ fees and costs in accordance with applicable law.

15. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without reference to its conflict-of-laws principles. To the extent any matter is not subject to arbitration under Section 14, the parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Pinellas County, Florida, and waive any objection to such jurisdiction or venue.

16. Force Majeure

MarketingAid shall not be liable for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by circumstances beyond MarketingAid’s reasonable control, including without limitation: acts of God, natural disasters, pandemics or public health emergencies, acts of governmental authority, war, terrorism, civil unrest, strikes or labor disputes, power outages, telecommunications failures, cyberattacks or security incidents involving third-party infrastructure, or failures of third-party service providers (collectively, “Force Majeure Events”). MarketingAid shall provide Customer with prompt written notice of any Force Majeure Event and shall use commercially reasonable efforts to resume performance as soon as practicable.

17. Notices

All legal notices required or permitted under this Agreement shall be in writing and shall be deemed duly delivered when: (a) sent by email to the address on file for Customer’s account, or to [email protected] in the case of notices to MarketingAid, with confirmation of receipt; or (b) sent by U.S. certified mail, return receipt requested, to the following addresses:

To MarketingAid: MarketingAid Solutions FL, LLC, 7901 4th St N #20635, St. Petersburg, FL 33702, USA. Email: [email protected]

To Customer: The address and email provided during account registration, as updated by Customer from time to time. It is Customer’s sole responsibility to maintain current contact information in its account profile.

18. General Provisions

18.1 Entire Agreement

This Agreement, together with the Privacy Policy and any applicable Order Forms, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous negotiations, representations, warranties, and agreements, whether written or oral.

18.2 Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

18.3 Waiver

MarketingAid’s failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. No waiver of any breach shall constitute a waiver of any prior, concurrent, or subsequent breach.

18.4 Assignment

Customer may not assign or transfer this Agreement, or any rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of MarketingAid. MarketingAid may assign this Agreement freely, including in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section shall be void.

18.5 Relationship of the Parties

The parties are independent contractors. Nothing in this Agreement shall create any partnership, joint venture, agency, employment, or franchise relationship between the parties.

18.6 Headings

Section headings are for convenience only and shall not affect the interpretation of this Agreement.

18.7 Electronic Execution

This Agreement may be accepted electronically, including by clicking an acceptance button or checkbox, and such electronic acceptance shall be legally binding to the same extent as a written signature.