Terms of Service Content
1) Acceptance of these Terms
By accessing or using our website, forms, landing pages, or any related online services (collectively, the “Site”), you agree to these Terms. If you do not agree, do not use the Site.
2) Who we are & scope
KikStart Marketing (“KikStart,” “we,” “us,” or “our”) provides marketing-related information and services, which may include strategy, consulting, creative services, advertising management, SEO, analytics, and related offerings (collectively, the “Services”).
These Terms apply to the Site and your use of it. If you become a client, additional written agreements (such as a Master Services Agreement, Statement of Work, or Order Form) may govern the paid Services and will control in the event of a conflict.
3) Eligibility
You must be at least 18 years old (or the age of majority where you live) to use the Site. By using the Site, you represent that you meet this requirement.
4) Services & deliverables
4.1 Informational content
Content on the Site is provided for general informational purposes. Marketing performance can vary widely based on budget, competition, industry, website quality, targeting, and other factors.
4.2 No guaranteed results
Unless expressly stated in a signed written agreement, we do not guarantee outcomes (including rankings, leads, revenue, ad performance, or ROI). Any examples, case studies, or estimates are illustrative only.
4.3 Scheduling and availability
We may change, suspend, or discontinue any part of the Site or Services at any time. We may also update features, content, or offerings without notice.
5) Accounts & communications
Some areas of the Site may allow you to submit forms, request consultations, subscribe to updates, or create an account. You agree to provide accurate information and keep it up to date.
- Security: You are responsible for maintaining the confidentiality of any login credentials.
- Communications: By providing your contact information, you consent to receive communications from us about your inquiry or our Services. You can opt out of marketing emails at any time via an unsubscribe link.
6) Client materials & permissions
If you provide content, branding assets, account access, data, or other materials (“Client Materials”), you represent that you have the rights to provide them and grant us permission to use them solely to provide the Services.
- You are responsible for the accuracy, legality, and non-infringement of Client Materials.
- Access credentials: If you share access to third-party platforms (e.g., Google Ads, Meta, email tools), you authorize us to act within the permissions you grant. You can revoke access at any time.
7) Acceptable use
You agree not to:
- Use the Site in a way that violates any applicable law or regulation.
- Attempt to gain unauthorized access to accounts, systems, or networks.
- Scrape, crawl, or harvest data from the Site without our written permission.
- Upload or transmit malware, harmful code, or anything that could disrupt the Site.
- Impersonate another person or misrepresent your affiliation.
- Use the Site to send spam or unsolicited messages.
8) Intellectual property
8.1 Our content
The Site and its content (including text, graphics, logos, designs, and software) are owned by KikStart or its licensors and are protected by intellectual property laws. You may view and use the Site for your internal, lawful purposes only.
8.2 Limited license
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal or business evaluation purposes. You may not reproduce, distribute, modify, or create derivative works from the Site without our written permission.
8.3 Client work product
Ownership and licensing for paid deliverables (e.g., creative assets, copy, strategy documents) should be defined in a signed agreement. If no agreement exists, then (a) you own your pre-existing materials, (b) we own our pre-existing tools/templates, and (c) deliverables are licensed to you for your internal business use upon full payment, unless otherwise stated.
9) Third-party tools & links
The Site may link to third-party websites or services (e.g., scheduling tools, payment processors, analytics, social platforms). We do not control third parties and are not responsible for their content, policies, or practices. Your use of third-party services is governed by their own terms and policies.
10) Fees, invoices, and refunds
10.1 Fees and invoices
Fees for paid Services, if any, will be described in a proposal, statement of work, or order form. Unless otherwise stated, invoices are due upon receipt. Late payments may result in pausing work.
10.2 Expenses and third-party costs
You are responsible for third-party costs you approve (e.g., ad spend, software subscriptions, stock assets, printing). Unless we explicitly agree otherwise in writing, third-party costs are not included in our fees.
10.3 Refunds
Refunds, if any, are governed by the applicable written agreement. Unless required by law or stated in writing, fees for completed work, reserved time, or third-party costs are non-refundable.
11) Disclaimers
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
12) Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIKSTART MARKETING AND ITS OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID US (IF ANY) IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.
13) Indemnification
You agree to defend, indemnify, and hold harmless KikStart Marketing and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from or related to:
- Your use of the Site in violation of these Terms
- Your Client Materials, including alleged infringement or unlawful content
- Your violation of any law or third-party rights
14) Termination
We may suspend or terminate your access to the Site at any time if we reasonably believe you violated these Terms, created risk for us or others, or used the Site unlawfully. You may stop using the Site at any time.
15) Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date above and may provide additional notice where required. Your continued use of the Site after changes means you accept the updated Terms.
16) Governing law & dispute resolution
These Terms are governed by the laws of the state where KikStart Marketing is headquartered, without regard to conflict of law principles. Any disputes arising out of these Terms or the Site will be brought in the courts located in that state, unless a written agreement with you specifies a different forum or dispute process.
17) Contact us
Questions about these Terms? Contact:
- Email: growth@kikstartmarketing.com
- Company: KikStart Marketing