Terms of Service

Effective Date: June 30, 2025

Welcome to James Harvey Digital Marketing, LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, services, software, marketing campaigns, AI solutions, and related offerings (collectively, the "Services").

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

1. Services Provided

James Harvey Digital Marketing, LLC provides digital marketing, automation, artificial intelligence services, including but not limited to:

• AI-powered inbound and outbound calling solutions
• SMS, MMS, and email marketing campaigns
• Website design, branding, and content services
• Marketing automation and CRM integrations
• Strategic consulting and campaign optimization

Specific services, pricing, deliverables, and timelines will be outlined in a separate agreement, proposal, or statement of work ("SOW") where applicable.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use our Services. By using our Services, you represent that you meet these requirements.

3. Client Responsibilities

You agree to:

• Provide accurate, complete, and lawful information
• Ensure you have proper consent and legal authority for all customer data, phone numbers, emails, and contact lists provided to us
• Comply with all applicable local, state, federal, and international laws, including but not limited to TCPA, CAN-SPAM, and data privacy regulations
• Review and approve campaign materials when requested

You acknowledge that failure to meet these responsibilities may impact performance and results.

4. No Guaranteed Results

Marketing and advertising results are influenced by many factors outside our control. We do not guarantee specific outcomes, including but not limited to:

• Sales volume
• Lead quantity or quality
• Revenue increases
• Conversion rates

All examples, projections, and case studies are illustrative only.

5. Payments and Fees

• Fees are due as outlined in your invoice, proposal, or SOW
• Late payments may result in suspension or termination of Services
• All fees are non-refundable unless otherwise stated in writing
• You are responsible for all applicable taxes associated with your purchase

6. Third-Party Platforms

Our Services may integrate with or rely on third-party tools (e.g., SMS carriers, email platforms, AI providers, hosting services). We are not responsible for outages, policy changes, pricing changes, or service interruptions caused by third-party providers.

7. Intellectual Property

All materials created by James Harvey Digital Marketing, LLC—including designs, scripts, workflows, automations, and strategies— remain our intellectual property unless otherwise agreed in writing.

Upon full payment, clients are granted a non-exclusive, non-transferable license to use delivered materials for their intended business purposes.

8. Confidentiality

Both parties agree to keep confidential any non-public business, technical, or proprietary information shared during the engagement, unless disclosure is required by law.

9. Data & Privacy

We handle client data in accordance with applicable privacy laws and our Privacy Policy. Clients remain the owners of their customer data and are solely responsible for obtaining consent for its use.

10. Termination

Either party may terminate Services in accordance with the applicable agreement or SOW.

We reserve the right to suspend or terminate Services immediately if we believe you are:

• Violating these Terms
• Engaging in unlawful or unethical practices
• Misusing our Services

Termination does not relieve you of payment obligations incurred prior to termination.

11. Limitation of Liability

To the maximum extent permitted by law:

• James Harvey Digital Marketing, LLC shall not be liable for any indirect, incidental, consequential, or special damages, including loss of profits, data, or business opportunities.
• Our total liability shall not exceed the amount paid to us for the Services in the three (3) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless James Harvey Digital Marketing, LLC from any claims, damages, losses, or legal fees arising from:

• Your use of the Services
• Your violation of applicable laws
• Content or data you provide

13. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

14. Changes to Terms

We may update these Terms from time to time. Continued use of our Services after changes constitutes acceptance of the revised Terms.

15. Contact Information