Terms of Service (TOS)

TERMS OF SERVICE

(Applies to Web Visibilities LLC and its sister brands, including Sales Engine AI and 24/7 AI Assistant)

1. Parties & Definitions

1.1

Provider

: Web Visibilities LLC, operating under various names including “Sales Engine AI,” “Marketing Automation,” or related brands.

1.2

Client

: The individual or entity engaging Provider’s services.

1.3

Services

: Includes, but is not limited to, digital marketing, lead generation, ad campaign management, marketing automation (AI chat/voice bots, CRM functionalities, pipeline tracking), and consulting.

2. Minimum Service Term & Renewal

2.1 Initial Term

Unless otherwise specified in writing, all service agreements carry an initial three (3) month minimum term from the Effective Date (the date the Client first signs a proposal, pays an invoice, or otherwise engages Provider).

2.2 Renewal

After the initial three-month term, the agreement continues on a month-to-month basis unless canceled according to Section 11 (Cancellation & Termination).

3. Scope of Work & Out-of-Scope Changes

3.1 Defined Scope

Provider delivers Services as outlined in the relevant proposal, invoice, or statement of work (SOW). This may include ad campaign management, marketing automation, or pipeline tracking.

3.2 Out-of-Scope Requests

Any requests to integrate outside leads, train third parties, or significantly alter campaign structures (including new sub-accounts or multi-location setups) may require additional fees or an addendum to this agreement.

4. Marketing Automation vs. Pipeline Management

4.1 Marketing Automation
Refers to Provider’s proprietary systems and/or platforms used primarily to capture, nurture, and track leads generated by Provider’s campaigns.

4.2 Pipeline Management

Involves setting up and updating the Client’s internal sales process (e.g., multiple stages, custom tracking, multi-location, or multi-rep configurations). This is considered a separate service and may incur additional fees if beyond a basic setup.

5. AI/Automation Systems & Non-Reactivation

5.1 Ownership & Usage
Provider’s AI/Automation technology (including but not limited to chatbots, voice assistants, and automated workflows) is proprietary.

5.2 Cancellation & No Reactivation

If Client cancels or discontinues AI/Automation services, the account and data may be permanently closed, and reactivation is not available under the same setup. Any future use will require a new setup fee and/or updated agreement.

5.3 Ad Campaign Reactivation

If Client cancels ad management services and later wishes to restart them, a setup or reactivation fee may apply, at Provider’s discretion.

6. Payment Terms & No Refunds

6.1 Payment Schedule
All invoices are due upon receipt unless otherwise agreed in writing. Late payments may result in system access limitations or delays in service delivery. By submitting payment, the client acknowledges and agrees to these Terms of Service as publicly posted and in effect at the time of payment.

6.2 Past Due Accounts

If the Client’s account is unpaid more than [7] days past the due date, Provider may suspend or revoke access to Services (including AI tools, campaigns, or platforms). At [14] days overdue, Provider may terminate Services entirely and delete campaign assets, data, or automations.

6.3 No Refunds

All sales are final. Provider does not offer refunds (full or partial) once Services begin, including monthly fees, retainers, or setup charges.

7. Intellectual Property & Proprietary Methods

7.1 Provider IP
All strategies, campaign structures, ad copy, keyword lists, scripts, AI configurations, and proprietary workflows developed by Provider remain Provider’s intellectual property, unless otherwise agreed in writing.

7.2 No Unauthorized Copying or Transfer

Client shall not copy, replicate, or transfer the underlying strategies, campaign data, or platforms to third parties without express written consent from Provider.

8. Additional Work by Third Parties

8.1 Disclaimer
Provider is not responsible for performance or results from any campaigns, leads, or marketing efforts initiated by third parties (including the Client’s own staff, family members, or other agencies).

8.2 Conflict & Overlap

Running parallel or overlapping campaigns through another provider may raise costs, dilute data, or impede Provider’s optimization efforts. Provider is not liable for negative performance caused by these overlaps.

9. Performance & Tracking

9.1 No Guarantees
Marketing results depend on external factors (market conditions, competition, platform policies). Provider makes no explicit guarantees of ROI, lead volume, or conversion rates.

9.2 Tracking & Attribution

Provider’s tracking setups (whether for leads, conversions, or pipeline stages) require proper integration and usage. If the Client opts out or disables these systems, Provider may be unable to measure or bill based on performance.

10. Communication & Cooperation

10.1 Direct Contact
Urgent matters or requests for scope changes should be communicated directly (e.g., phone, scheduled meeting).

10.2 Client Responsibilities

Client must provide timely access, approvals, and content as needed. Delays or lack of cooperation can affect campaign results and timelines.

11. Cancellation & Termination

11.1 Notice
After the initial three (3) month term, Client may cancel Services with 45 days’ written notice to billing(at)webvisibilities.com. All fees remain due during that notice period.

11.2 Early Termination

If Client terminates before the three (3) month term ends, Provider has right to charge the remaining balance for that term.

11.3 Data & Account Deletion

Upon cancellation or non-payment, Provider may delete all campaigns, contacts, workflows, and data associated with the Client’s account. Reactivation is not guaranteed (see Section 5.2).

12. Liability & Indemnification

12.1 Limitations
Provider shall not be liable for indirect, incidental, or consequential damages related to the use of its platforms, campaigns, or external integrations.

12.2 Indemnification

Client agrees to indemnify and hold Provider harmless from claims arising from Client’s misuse of the Services, breach of these Terms, or content/data provided by Client.

13. Entire Agreement & Amendments

13.1 Entire Agreement

These Terms of Service, along with any associated proposals, invoices, or statements of work, form the entire agreement between Client and Provider.

13.2 Modifications

Web Visibilities may modify these terms of service at anytime and they shall take effect immediately.

13.3 Severability

If any part of these Terms is deemed invalid, the remaining provisions remain in effect.

14. Dispute Resolution & Arbitration

14.1 Good-Faith Negotiations

In the event of a dispute arising from these Terms of Service, the parties agree to first attempt to resolve the matter in good faith through direct communication. If a resolution cannot be reached within thirty (30) days, the matter may proceed to arbitration as described below.

14.2 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach thereof, which cannot be resolved through good-faith negotiation, shall be settled by binding arbitration administered by [American Arbitration Association (AAA)] (or another mutually agreed-upon arbitration service) in accordance with its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Web Visibilities may use litigation, collection agency or any other legal processes to collect unpaid invoices.

14.3 Location & Governing Law

Unless otherwise specified, the arbitration will take place in Ft. Myers, Florida, and these Terms of Service shall be governed by the laws of Florida, without regard to its conflict of law provisions.

14.4 Arbitration Costs

The parties shall share equally the initial administrative fees and costs of arbitration. However, the prevailing party in any arbitration proceeding shall be entitled to recover all reasonable arbitration costs, fees, and expenses, including attorneys’ fees, from the non-prevailing party, unless the arbitrator determines that such an award would be unjust.

14.5. No Class Actions

The parties agree that any arbitration shall be conducted solely on an individual basis and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.

14.6 Injunctive Relief

Notwithstanding the foregoing, nothing in this Arbitration clause shall prevent either party from seeking injunctive relief or equitable remedies in a court of competent jurisdiction to protect its intellectual property or confidential information, pending the outcome of arbitration.

If you have any questions, please contact us at legal(at)webvisibilities.com

Last reviewed and publicly available as of April 7, 2025

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