Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MarketingGens website and marketing services. By accessing our website, submitting a form, or engaging our services, you agree to these Terms.

If you are entering into these Terms on behalf of a business, you represent that you have authority to bind that business.

1. About Our Services

MarketingGens provides digital marketing and related services, which may include paid advertising management, SEO, content, email/SMS marketing, website and app development, consulting, audits, and related growth services. Specific deliverables, timelines, and fees are defined in a separate proposal, statement of work, or written agreement.

A free growth audit or strategy call is a consultation, not a binding service engagement, unless we both agree otherwise in writing.

2. Eligibility & Account Use

You must provide accurate information when contacting us or engaging services. You are responsible for maintaining the confidentiality of any account credentials and for activity under your account. You agree not to misuse our website, interfere with its operation, or attempt unauthorized access to our systems.

3. Client Responsibilities

When you engage our services, you agree to:

• Provide timely access to necessary accounts, assets, and approvals
• Ensure you have rights to all materials you provide to us
• Comply with applicable advertising, industry, and platform policies
• Pay media spend and third-party platform costs as required (typically billed separately from our fees unless otherwise agreed)

4. Fees & Payment

Service fees are due as stated in your proposal or invoice. Unless otherwise agreed in writing, invoices are payable upon receipt or according to the stated due date. Late payments may result in suspension of services until the account is current.

Ad spend, software subscriptions, and other third-party costs are your responsibility and are generally paid directly to those providers or reimbursed to us as agreed.

5. No Refunds

All fees paid to MarketingGens are non-refundable. This includes retainers, setup fees, project fees, deposits, and any other amounts paid for our services, whether partially used or unused.

Because our work involves strategy, setup, creative development, and time reserved for your account, we do not issue refunds, credits, or chargebacks for change of mind, unused portions of a billing period, delayed results, or early termination by you.

Platform ad spend paid to Google, Meta, or other third parties is also non-refundable through MarketingGens. Any refund requests related to third-party platforms must be directed to those platforms under their own policies.

6. Month-to-Month Engagements

Unless a different term is stated in writing, ongoing services are typically month-to-month. Either party may terminate ongoing services with written notice as specified in your agreement. Fees already paid for the then-current period remain non-refundable.

7. Results Disclaimer

Marketing outcomes depend on many factors outside our control, including competition, budgets, product/offer quality, seasonality, platform algorithms, and your internal response processes. We do not guarantee specific lead volumes, rankings, revenue, or ROI. Past performance is not a promise of future results.

8. Intellectual Property

Our website content, branding, processes, and pre-existing materials remain our property. Upon full payment, you receive a license to use deliverables created specifically for your account as agreed. You retain ownership of materials you provide to us.

9. Confidentiality

Each party agrees to keep confidential business information received from the other party and use it only to perform under the engagement, except where disclosure is required by law or already public through no fault of the receiving party.

10. Limitation of Liability

To the fullest extent permitted by law, MarketingGens is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data. Our total liability arising out of any engagement will not exceed the fees you paid to us for the specific services giving rise to the claim in the three (3) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless MarketingGens and its team from claims arising from your content, offers, business practices, advertising claims, or your violation of these Terms or applicable law.

12. Website Use

Website content is for general informational purposes. We may update, suspend, or discontinue any part of the website at any time. Unauthorized scraping, copying, or commercial reuse of our site content is prohibited without written permission.

13. Privacy

Our collection and use of personal information is described in our Privacy Policy.

14. Governing Law

These Terms are governed by the laws of the United States and the state in which MarketingGens primarily operates, without regard to conflict of law principles. Disputes will be resolved in the courts of that jurisdiction, unless otherwise required by law.

15. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date will change when we do. Continued use of our website or services after changes constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms? Email hello@marketinggens.com.