Terms of Service

1. Agreement, eligibility, and scope

These Terms of Service, referred to as the “Terms,” are a binding agreement between Two Dot Media LLC, referred to as “Two Dot Media,” “we,” “us,” or “our,” and the person or business using our website or services, referred to as “you” or “Client.” If you act for a company or other entity, you represent that you are at least 18 years old and have authority to bind that entity.

By checking the consent box and submitting our contact form, you agree to these Terms and acknowledge our Privacy Policy. Submitting an inquiry does not require you to purchase services and does not require us to accept an engagement.

You also accept these Terms by signing or electronically accepting a proposal, order form, statement of work, insertion order, or other service document that references them; authorizing work after receiving them; paying an invoice that references them; or continuing to receive services after notice that these Terms apply.

For clients already receiving Services on the effective date, these Terms apply when the client receives notice and then authorizes continued work, pays a later invoice that references these Terms, or otherwise affirmatively accepts them. These Terms do not retroactively replace a conflicting signed agreement without the acceptance required by applicable law.

A signed proposal, order form, statement of work, insertion order, data-processing agreement, or other written service agreement is a “Service Document.” If a Service Document conflicts with these Terms, the Service Document controls for that conflict. Together, the applicable Service Documents, these Terms, and the Privacy Policy form the “Agreement.”

2. Services and changes in scope

We may provide digital advertising management, website and landing-page services, creative production, lead delivery and follow-up tools, review-request services, analytics, reporting, account setup, consulting, and related work identified in a Service Document, collectively the “Services.” Website descriptions and published prices are general information, not a promise that a particular feature, channel, price, timeline, or result applies to every engagement.

The Service Document defines the included channels, deliverables, fees, advertising budget, timeline, dependencies, and any special terms. Work outside that scope requires written approval and may require additional fees or a revised schedule. We may improve or change our methods, vendors, workflows, or personnel if the change does not materially reduce the purchased Service.

We may use employees, contractors, affiliates, automation, and third-party service providers to perform the Services. We remain responsible for the work we agree to provide, subject to the limitations in the Agreement.

3. Month-to-month term, renewal, and cancellation

Unless a Service Document states otherwise, recurring Services are month-to-month and automatically renew on each billing date until canceled. There is no long-term commitment, but each paid billing period is a complete service period.

To cancel, Client must submit written notice through our contact form before the next billing date. The message must identify the Client and Service and state “Service cancellation.” Cancellation becomes effective at the end of the then-current paid billing period. Notice received on or after a billing date applies to the next billing period. Cancellation is not retroactive, and stopping ad campaigns, removing account access, disputing a charge, or ceasing communication does not by itself cancel Services.

Client remains responsible for fees, media spend, platform charges, approved expenses, and other amounts incurred through the effective cancellation date. We may complete an orderly handoff after payment of outstanding amounts and subject to platform access, technical limitations, and the applicable Service Document.

4. Fees, billing, advertising spend, and refunds

Client will pay the fees, taxes, advertising budgets, platform charges, and approved expenses stated in the Service Document or invoice. Recurring service fees are generally billed in advance. One-time projects may be billed in advance, by milestone, or as otherwise stated. Advertising spend and third-party charges are separate from our management fees unless a Service Document expressly includes them.

Except where applicable law requires otherwise or a written Service Document signed by Two Dot Media expressly provides otherwise, payments are non-refundable and non-creditable. This includes payments for recurring Services, partial billing periods, completed or partially completed work, reserved production time, setup or onboarding work, creative work, website work, and third-party costs. Advertising spend, platform charges, payment-processing fees, purchased domains, licenses, media, and other pass-through costs are non-refundable once incurred or committed.

Billing reminders are a courtesy. Failure to send or receive a reminder does not change the billing date, renewal, cancellation deadline, or Client’s payment obligation. Client must keep billing and contact information current and promptly report a suspected billing error.

Past-due amounts may accrue the lesser of 1.5 percent per month or the maximum rate permitted by law, plus reasonable collection costs. We may pause Services, campaigns, lead delivery, support, or publication while an amount is overdue. A pause for nonpayment does not waive amounts owed or automatically extend a billing period or deadline.

Before initiating a chargeback or payment dispute, Client should contact us and provide a reasonable opportunity to investigate. This sentence does not waive any nonwaivable right under applicable law.

5. Client responsibilities and approvals

Client will:

• provide timely, accurate, and complete business information, service areas, offers, pricing, licenses, disclaimers, credentials, access, budgets, and approvals reasonably needed for the Services;
• review deliverables, campaigns, websites, claims, targeting, and account changes promptly, and notify us of errors or required changes;
• maintain the licenses, insurance, permits, registrations, qualifications, and lawful business practices required for the products or services Client advertises;
• honor offers, warranties, representations, appointments, and commitments made to customers;
• comply with advertising, privacy, telemarketing, text-message, email, consumer-protection, intellectual-property, industry, and platform rules applicable to Client’s business and use of the Services; and
• protect account credentials, use reasonable security controls, and promptly notify us of unauthorized access or a material change affecting the Services.

Client is responsible for the accuracy, legality, and substantiation of Client-supplied claims and materials. We may rely on information and approvals from Client’s owners, employees, contractors, or other apparent authorized representatives. Delayed information, approval, access, or payment may delay or limit performance without creating a refund or credit.

6. Advertising authorization and account management

Client authorizes us to create, edit, publish, pause, and manage campaigns, audiences, creative, tracking, forms, budgets, websites, and related settings within the approved scope. Client also authorizes applicable platforms and payment providers to charge the approved media budget and platform costs using Client’s selected payment method.

Budgets, bids, and platform delivery may fluctuate. Unless expressly agreed in writing, an advertising budget is a target or limit for platform delivery, not a guarantee that the exact amount will be spent in a calendar day or month. Client is responsible for monitoring available credit and platform charges and for promptly reporting an unauthorized or incorrect charge.

We may refuse, revise, pause, or remove content that we reasonably believe is unlawful, deceptive, unsafe, unsupported, infringing, prohibited by platform policy, or likely to damage an account or another party.

7. Results are not guaranteed

Marketing, advertising, search visibility, website traffic, leads, calls, appointments, reviews, sales, revenue, profit, return on advertising spend, and other results are not guaranteed. Results depend on factors outside our control, including Client’s offer, pricing, reputation, service quality, sales follow-up, response time, market demand, seasonality, competition, budget, location, economic conditions, platform decisions, and changes in law or technology.

Case studies, testimonials, historical metrics, forecasts, estimates, projections, examples, and prior performance describe particular circumstances. They are not promises of future performance or representations that another client will achieve the same outcome. Client remains responsible for business decisions, staffing, capacity, pricing, customer service, and evaluating whether the Services are commercially appropriate.

8. Third-party platforms and service interruptions

The Services may depend on Google, Meta, TikTok, website hosts, domain registrars, communications providers, payment processors, customer relationship management systems, review platforms, data providers, and other third parties. Their terms and privacy practices may apply separately.

We do not control and are not responsible for a third party’s outage, delay, data loss, billing practice, security event, policy change, price change, account review, rejection, suspension, restriction, algorithm, or discontinuation. We will use commercially reasonable efforts to address an issue within our control, but we cannot guarantee approval, reinstatement, uninterrupted availability, or continued access to a particular platform or feature.

9. Intellectual property, accounts, and licenses

Client materials

Client retains ownership of logos, trademarks, photographs, copy, customer information, account content, and other materials Client owned before the engagement or supplies to us. Client grants us a worldwide, nonexclusive, royalty-free license during the engagement to host, reproduce, modify, display, distribute, and use those materials as reasonably necessary to provide, document, and promote the Services. Client represents that it has the rights and permissions required for that use.

Two Dot Media materials

We retain ownership of our preexisting and reusable methods, templates, code, software, automations, prompts, processes, documentation, know-how, reporting formats, tools, libraries, design systems, and generalized improvements, together with all related intellectual-property rights. No transfer of those materials is implied.

Deliverables and accounts

Ownership or licensing of a custom deliverable is governed by the Service Document. Unless it states otherwise, after full payment Client receives a nonexclusive, perpetual license to use final, client-specific deliverables for Client’s business. Drafts, rejected concepts, working files, reusable components, licensed materials, and third-party assets are excluded. Third-party materials remain subject to their own licenses.

Where practical, advertising and business accounts should be maintained in Client’s name, with access granted to us. We do not guarantee that a platform will permit an account, asset, audience, pixel, review, data set, or configuration to be transferred. Access and handoff are subject to full payment, platform rules, security requirements, and the applicable Service Document.

10. Confidentiality and data

Each party will use reasonable care to protect nonpublic business, financial, technical, customer, and strategic information disclosed by the other party and will use it only for the Agreement. Confidential information does not include information that was lawfully known without restriction, becomes public without breach, is received lawfully from another source, or is independently developed without use of the other party’s confidential information.

A party may disclose confidential information to personnel, contractors, advisers, and service providers that need it and are subject to appropriate confidentiality obligations, or when disclosure is legally required. If legally permitted, the receiving party will give reasonable notice before a compelled disclosure.

Our handling of personal information is also governed by the Privacy Policy and any applicable data-processing agreement.

11. Suspension and termination

We may suspend or terminate all or part of the Services upon written notice if Client fails to pay, materially breaches the Agreement, withholds required access or approvals, creates a security or legal risk, requests unlawful or deceptive work, violates platform rules, abuses our personnel or systems, or makes continued performance impracticable. When a breach can reasonably be cured, we may provide an opportunity to cure, but we are not required to continue an active campaign or unsafe configuration during the cure period.

Either party may decline to renew month-to-month Services by giving the cancellation notice described in Section 3. Termination does not affect rights or payment obligations that accrued before termination. Sections concerning fees, refunds, ownership, confidentiality, disclaimers, liability, indemnity, disputes, and miscellaneous terms survive.

12. Disclaimers

To the maximum extent permitted by law, the website and Services are provided “as is” and “as available.” Except for an express written commitment in a Service Document, Two Dot Media disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, noninfringement, uninterrupted operation, accuracy, and error-free performance.

We do not provide legal, tax, accounting, financial, insurance, licensing, or regulatory advice. Client should obtain qualified professional advice for its business and industry.

13. Limitation of liability

To the maximum extent permitted by law, neither Two Dot Media nor its owners, employees, contractors, or affiliates will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; loss of profits, revenue, data, goodwill, customers, opportunities, or business interruption; or costs of substitute services, arising from or related to the website, Services, Agreement, or a third-party platform, even if advised that such damages were possible.

To the maximum extent permitted by law, the aggregate liability of Two Dot Media and its owners, employees, contractors, and affiliates for all claims arising from or related to a particular Service will not exceed the fees actually paid to Two Dot Media for that Service during the three months immediately preceding the event giving rise to the claim. This cap does not include media spend or third-party charges and does not limit liability that cannot lawfully be limited.

14. Client indemnity

To the maximum extent permitted by law, Client will defend, indemnify, and hold harmless Two Dot Media and its owners, employees, contractors, and affiliates from third-party claims, damages, penalties, judgments, settlements, liabilities, and reasonable legal fees arising from Client’s products or services; Client materials, claims, instructions, lists, data, or offers; Client’s breach of the Agreement; Client’s violation of law or platform rules; or Client’s infringement or misuse of another party’s rights. We will provide reasonable notice of a covered claim and may participate with counsel of our choice at our expense. Client may not settle a claim in a way that admits fault by or imposes an obligation on an indemnified party without written consent.

15. Disputes and governing law

Before filing a lawsuit, a party must send written notice describing the dispute and requested resolution and allow 30 days for good-faith informal resolution. This requirement does not prevent a party from seeking urgent injunctive relief or taking action before a legal deadline expires.

The Agreement is governed by the laws of the State of Texas, without regard to conflict-of-law rules. Any legal action that is not resolved informally must be brought in a state or federal court of competent jurisdiction located in the Texas county where Two Dot Media maintains its principal place of business, unless applicable law requires another venue. Each party consents to personal jurisdiction and venue in those courts.

16. Electronic communications and notices

Client consents to electronic communications concerning inquiries, proposals, Services, account access, security, billing reminders, invoices, renewals, cancellations, and changes to the Agreement. Notices may be sent to the most recent email address or phone number provided by Client. Client must keep contact information current.

A notice to Two Dot Media must be submitted through our contact form. A cancellation notice must clearly identify the Client and the Service to be canceled. Marketing consent may be withdrawn as described in the Privacy Policy; operational and billing communications may continue while an inquiry, balance, or service relationship remains active.

17. Changes to these Terms

We may update these Terms for future website use and future Services. The effective date at the top identifies the current version. For an active client, a material change applies prospectively after notice and acceptance through a method described in Section 1, unless a Service Document or applicable law requires a different process. A change does not retroactively alter fees already paid, work already completed, or a dispute that arose before the change.

18. Miscellaneous

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, utility or network failures, platform outages, labor disputes, war, terrorism, civil unrest, government action, epidemic, or similar force majeure events. Payment obligations for work already performed or costs already incurred are not excused.

Client may not assign the Agreement without our written consent, except in connection with a bona fide sale of substantially all of Client’s business or assets if the successor assumes the Agreement. We may assign the Agreement to an affiliate or successor in connection with a reorganization, financing, merger, or sale.

If any provision is held unenforceable, it will be enforced to the greatest lawful extent and the remaining provisions will remain effective. A waiver must be in writing and applies only to the stated instance. Headings are for convenience. “Including” means “including without limitation.” The Agreement is the entire agreement concerning its subject and supersedes prior oral or written discussions on that subject, except that a signed Service Document controls as stated in Section 1.

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