Terms and conditions

These Terms form a binding agreement between you ("you", "your" or "Client") and Assure Digital Media. By using our website, signing a proposal or order form, paying an invoice or using any of our services, you agree to these Terms. If you do not agree, do not use our website or services.

If you accept these Terms for a company or other organization, you confirm that you have the authority to bind it, and "you" means that organization.

Assure Digital Media provides marketing services for local businesses, including:

• Assure CRM: our customer relationship platform, which can include contacts, one inbox for messages, calendars, payments, automation, AI chat and voice agents and website hosting, provided by subscription;
• Web design: design, build and upkeep of websites and landing pages;
• Local SEO: work meant to improve your visibility in search results and on Google Maps;
• Paid ads management: setup, management and reporting of ad campaigns on platforms such as Google and Meta;
• Video and content: photo and video production, social media content, logos and brand kits;
• Setup and training: help setting up and using Assure CRM and our other services.

Services are sold by subscription, by project or both. The services, deliverables, fees and timelines that apply to you are set out in your proposal, order form or subscription plan, which together with these Terms make up your agreement with us. If a signed proposal or order form conflicts with these Terms, the signed document controls for that engagement. Prices on our website are published for information and can change; the price that applies to you is the one in your proposal or order form.

You may use our website for your own information and to contact us. You agree not to misuse it, for example by trying to break its security, overloading it, or copying its content for resale.

Our free tools, the Lead Leak Audit and the missed-call calculator, are for information only. The Lead Leak Audit reports results from Google PageSpeed Insights, which can vary from one run to the next, and the calculator shows estimates based on the numbers you enter. Neither is professional advice or a promise of any result. Only run the Lead Leak Audit on websites you own or have permission to test.

You must be at least 18 years old and able to form a binding contract to use our services.

If we create an account for you in Assure CRM or a related tool, you are responsible for keeping your login details confidential and for all activity under your account. Tell us right away at [email protected] if you think someone has used your account without permission.

Fees

You agree to pay the fees in your proposal, order form or subscription plan. Unless stated otherwise, fees are in United States dollars and do not include taxes, which are your responsibility. Third-party costs, such as ad spend paid to Google or Meta, payment processing fees and software costs passed through to you, are separate from our fees and are your responsibility unless your agreement says otherwise.

Billing

Subscription services, including Assure CRM, are billed in advance on the billing cycle in your plan, such as monthly. Project work is billed as set out in your proposal, which may include a deposit, milestone payments or payment on completion.

Renewal and cancellation

Subscriptions renew automatically at the end of each billing cycle at the current rate until cancelled. You can cancel a subscription by writing to [email protected] before the next billing cycle starts. Cancelling stops future renewals. Unless the law or your agreement says otherwise, fees already paid are not refundable, including for the rest of a billing period that has started.

Late payment

If an invoice is past due, we may pause or suspend your services, including access to Assure CRM and live ad campaigns, until it is paid. You remain responsible for fees that build up before the suspension.

To deliver our services, we rely on your cooperation. You agree to:

• give us accurate, current and complete information and keep it up to date;
• use our services and Assure CRM only for lawful purposes and in line with all applicable laws;
• give us timely access to the accounts, platforms and materials we need, such as logos, photos, brand guidelines, ad accounts, website logins and domain access;
• review and approve work within a reasonable time so projects and campaigns can move forward;
• make sure every contact you message through Assure CRM, by text, email or any other channel, has given the consent the law requires, and that your messages follow the applicable rules, including the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act, and honor opt-out and unsubscribe requests from your own contacts.

You are solely responsible for the content, accuracy and legality of the messages and materials you send to your contacts through our platform.

You agree not to use our services or Assure CRM to:

• send spam or deceptive, fraudulent or unlawful messages;
• send or publish content that is unlawful, defamatory, harassing or obscene, or that infringes someone else's rights;
• upload or spread viruses, malware or other harmful code;
• try to access our systems without permission, interfere with our services, or reverse engineer, copy or resell our platform or tools;
• damage, disable or overload our systems or harm other users' experience.

We may suspend or end access for any breach of this section.

Ours

Assure Digital Media keeps all rights in the Assure CRM platform, our software, tools, systems, processes and templates, and in our trademarks, logos and brand assets. Nothing in these Terms transfers ownership of our platform or tools to you. While your subscription is active and paid, you have a limited, non-exclusive, non-transferable license to use Assure CRM for your own business.

Yours

You keep ownership of the content, data and brand assets you give us, and of your customer and contact data in Assure CRM. You give us a limited license to use, host, process, change and display that content and data as needed to provide the services, including creating and managing work and ads for you.

Work we make for you

Unless your agreement says otherwise, the custom work we create for you, such as websites, graphics and content, becomes yours once the related fees are paid in full. We may keep and reuse general know-how, techniques and components that are not specific to you, including templates and reusable code.

Our services often rely on third-party platforms and providers, including Google, Meta, payment processors, hosting providers and other software services. Your use of them may be subject to their own terms and policies, which you agree to follow. We are not responsible for what third-party platforms do, including their availability, performance, policies, price changes, or the approval, rejection, suspension or removal of ad accounts or campaigns.

Assure CRM can include AI chat and voice agents that write replies and take actions for your business automatically. Their answers can contain mistakes, omissions or inaccuracies. You are responsible for setting up, reviewing and supervising any AI agent you turn on, and for the messages and actions it produces for your business. We do not guarantee that AI output will be accurate, appropriate or fit for a particular purpose. Review AI conversations and keep a person involved, especially where a conversation is sensitive, regulated or has legal weight.

Our services are designed to help your business grow, but marketing, ads, SEO and similar results depend on many things outside our control, including your market, budget, offer, competition and the rules of third-party platforms. We do not promise or guarantee any specific result, such as a number of leads, sales, rankings, revenue or return on investment. Any example, estimate or projection we share, including the results of our free tools, is an illustration and not a guarantee.

Each party may see the other's non-public information while working together. Both parties agree to keep that information secure, to use it only to provide or receive the services, and not to share it with others except as needed to deliver the services or as the law requires. This does not apply to information that is or becomes public through no fault of the receiving party, or that the receiving party already knew lawfully.

These Terms apply for as long as you use our services or have an active subscription or project with us. Either party may end an engagement as described in your agreement, or with reasonable written notice, subject to any minimum commitment in your plan.

We may suspend or end your access right away if you breach these Terms, do not pay amounts due, or use our services unlawfully. When your access ends, your right to use Assure CRM and our services ends, and any fees owed up to that date become due. You are responsible for exporting your data, or asking us for it, before your account is closed. We may delete your data a reasonable time after termination, subject to applicable law.

Our website, free tools, services and Assure CRM are provided "as is" and "as available", without warranties of any kind, express, implied or statutory, to the fullest extent the law allows. We disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that our services will be uninterrupted, error-free or secure, or that every defect will be fixed.

To the fullest extent the law allows, Assure Digital Media and its owners, employees and contractors are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunities, arising from or related to your use of our website or services, even if we were told such damages were possible. Our total liability for any claim arising from or related to these Terms or our services is limited to the amount you paid us for the specific service that gave rise to the claim during the three months before the event that caused it.

You agree to defend, indemnify and hold harmless Assure Digital Media and its owners, employees and contractors from any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of our services, your content and data, your messages to your contacts, your breach of these Terms, or your violation of any law or third-party right, including the TCPA, CAN-SPAM or a platform's policies.

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. Any dispute arising from or related to these Terms or our services will be brought only in the state or federal courts located in Florida, and you agree to the jurisdiction and venue of those courts. Before filing any formal action, both parties agree to first try to settle the dispute in good faith by talking directly.

We may update these Terms from time to time. When we do, we will change the date at the top of this page and post the new Terms here. Changes take effect when posted unless we say otherwise. If you keep using our website or services after a change is posted, you accept the updated Terms.

If you have questions about these Terms, contact us:

• Assure Digital Media LLC, attention Abraham Wong, Creative Director
• Email: [email protected]
• Phone: (561) 956-3791
• Website: https://assuredigitalmedia.com
• Service area: South Florida and Dallas-Fort Worth, Texas