Effective Date: May 20, 2026 ABC

Thank you for choosing Expect Success Marketing. By ordering or using any Expect Success Marketing service, you (“Client”) are entering into a binding agreement with Expect Success Marketing (“Company,” “we,” “our,” or “us”). Your agreement includes these Terms of Service (“Terms”) and our Privacy Policy (collectively, the “Agreement”). By accessing our website or using our services, you confirm that you have read, understood, and agree to be bound by this Agreement.

1.  DEFINITIONS

1.1  “Services” means the marketing and business services provided by Expect Success Marketing as described in Section 2 and any applicable order form or services agreement.

1.2  “Deliverables” means any work product, content, creative assets, reports, software configurations, or other materials created specifically for Client in the course of providing Services.

1.3  “Client Materials” means any content, data, credentials, branding, images, copy, or other materials provided by Client to Expect Success Marketing for use in delivering Services.

1.4  “Client Account Data” means data residing in third-party platforms (including advertising accounts, CRM systems, website back-ends, and review platforms) to which Client grants Expect Success Marketing access for the purpose of performing Services.

2.  SERVICES

2.1  Expect Success Marketing provides business and marketing-related services. Specific deliverables, responsibilities, and timelines are detailed in the applicable order form or services agreement. Services may include, but are not limited to:

·         Search engine optimization (SEO)

·         Pay-per-click (PPC) advertising management

·         Website design and development

·         AI receptionist systems

·         AI chatbot implementation

·         Marketing automation services

·         Reputation management and review monitoring

·         Lead generation services

·         Consulting and strategy services

2.2  Services may change or evolve over time. Expect Success Marketing reserves the right to modify, suspend, or discontinue any service at any time, with pricing changes communicated by email at least thirty (30) days before the next billing cycle.

2.3  From time to time, Expect Success Marketing may provide updates or modifications to software tools, automations, or platforms included in the Services. Client consents to such updates, which may be deployed without prior notice and may be necessary for proper functioning of the Services.

3.  AI AND AUTOMATION DISCLAIMER

3.1  Our Services may include AI-powered systems and automations such as AI receptionists, chatbots, automated messaging, and marketing tools. Client acknowledges that:

·         AI systems are not perfect and may produce errors, misunderstandings, or inaccurate responses.

·         Human review of AI-generated interactions, communications, and content may still be necessary.

·         AI tools may occasionally malfunction or misunderstand requests.

·         AI-generated affirmations, responses, or content are for informational and operational purposes only and do not constitute professional advice of any kind.

3.2  Client is responsible for reviewing and monitoring all AI-generated interactions, communications, and automations deployed on their behalf. Expect Success Marketing is not liable for losses, damages, missed opportunities, or legal issues resulting from AI-generated outputs or automated systems.

4.  ACCOUNT TERMS

4.1  Only individuals who are at least 18 years of age and capable of entering into a legally binding agreement may use our Services. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

4.2  Client is responsible for maintaining the confidentiality of any account credentials, login information, or access tokens shared with Expect Success Marketing, and for all activities that occur under Client’s accounts. Client agrees to notify Expect Success Marketing immediately of any unauthorized access or suspected security breach.

4.3  Expect Success Marketing reserves the right to refuse service, suspend, or terminate accounts at its sole discretion, including for violations of these Terms, fraudulent activity, or misuse of Services.

4.4  Client agrees not to use automated scripts, bots, or other unauthorized means to access or interfere with Expect Success Marketing’s systems or platforms. Client is prohibited from uploading malicious code, engaging in spam, or performing any actions that disrupt the integrity or operation of the Services.

5.  CLIENT RESPONSIBILITIES

5.1  Client agrees to:

·         Provide accurate, complete, and up-to-date information necessary to perform the Services.

·         Maintain legal ownership of or rights to all Client Materials submitted to Expect Success Marketing.

·         Cooperate promptly during project execution and review deliverables in a timely manner.

·         Maintain security of account credentials and third-party platform access.

·         Use Services lawfully and in compliance with all applicable laws and regulations.

·         Obtain all necessary copyright permissions and privacy releases for Client Materials provided to Expect Success Marketing.

5.2  Client is solely responsible for:

·         All business operations and decisions.

·         Customer communications conducted through AI or automated systems deployed on Client’s behalf.

·         Compliance with all laws and regulations applicable to Client’s business, including advertising laws, data privacy laws, and industry-specific regulations.

·         Final approval of all marketing materials, automations, and AI system configurations.

·         Ensuring customers’ appropriate consent where Client uses Expect Success Marketing’s services to collect, process, or communicate with Client’s customers.

5.3  Client shall indemnify Expect Success Marketing against all claims, damages, and expenses, including reasonable attorney fees, arising from Client’s failure to obtain required permissions, releases, or consents for Client Materials.

6.  INTELLECTUAL PROPERTY

6.1  All systems, frameworks, templates, software configurations, processes, and proprietary methodologies developed by Expect Success Marketing remain the exclusive intellectual property of Expect Success Marketing, unless otherwise agreed in writing. This includes the structure, organization, and configuration of Deliverables. Expect Success Marketing retains a perpetual, irrevocable, worldwide, royalty-free right to use the structure and organization of such work, including for derivative works.

6.2  Custom Deliverables created specifically for Client (such as website content, ad creative, or branded materials) become the property of Client upon full payment of all fees, except where those Deliverables incorporate Expect Success Marketing’s proprietary systems or third-party licensed components.

6.3  Client grants Expect Success Marketing a limited, non-exclusive, royalty-free license to use, reproduce, modify, and display Client Materials solely for the purpose of delivering the agreed Services. This license includes the right to access and operate within Client’s third-party platform accounts (advertising accounts, websites, CRM systems, review platforms) as necessary to perform the Services.

6.4  Client will not reproduce, resell, or use Expect Success Marketing’s proprietary systems or Deliverables beyond the scope of this Agreement without prior written approval. Unauthorized use may result in a minimum penalty of $1,500 per occurrence, in addition to other available remedies.

6.5  Expect Success Marketing may use completed work, screenshots, campaign results, or project examples for portfolio and marketing purposes unless Client requests otherwise in writing. Expect Success Marketing may also place Client’s logo on its website to represent the business relationship.

6.6  By providing feedback, suggestions, or ideas regarding Expect Success Marketing’s services, Client grants Expect Success Marketing a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, and incorporate such feedback into its products and services without compensation or obligation to Client.

7.  CLIENT DATA AND DATA PROCESSING

7.1  In providing Services such as SEO, PPC, website development, AI systems, and review monitoring, Expect Success Marketing may access and process Client Account Data and data belonging to Client’s customers. Expect Success Marketing processes such data on behalf of Client, who is the data controller responsible for ensuring appropriate consent and compliance with applicable privacy laws.

7.2  Client data will not be used by Expect Success Marketing for purposes outside the scope of performing the Services, unless explicitly authorized by Client.

7.3  Expect Success Marketing employs reasonable security measures to protect Client data. However, Client acknowledges that no electronic system is entirely immune to breaches, and Expect Success Marketing cannot guarantee absolute security.

7.4  Upon termination of this Agreement, Expect Success Marketing will make reasonable efforts to return or delete Client Account Data upon written request, subject to any legal retention obligations.

7.5  Clients who require a formal Data Processing Agreement (DPA) may request one by contacting Expect Success Marketing using the information in Section 15.

8.  ACCEPTABLE USE

8.1  Client agrees not to use the Services to:

·         Violate any applicable law, regulation, or third-party platform policy (including Google, Meta, and other advertising platform policies).

·         Engage in fraudulent, misleading, deceptive, or spam-based advertising or communications.

·         Transmit defamatory, offensive, obscene, or unlawful content.

·         Infringe on the intellectual property rights of any third party.

·         Harass, stalk, or harm any individual.

·         Engage in any activity that could expose Expect Success Marketing to legal liability.

8.2  Expect Success Marketing reserves the right to refuse, pause, or terminate any Services that would violate applicable laws, platform policies, or these Terms, without liability to Client.

9.  NO GUARANTEE OF RESULTS

Expect Success Marketing does not guarantee:

·         Specific business growth or revenue increases

·         Lead generation results

·         Search engine rankings or organic traffic levels

·         Advertising performance or return on ad spend

·         AI system accuracy or uptime

·         Any specific business outcome

Marketing, AI, and advertising performance can vary significantly depending on numerous factors outside our control, including market conditions, platform algorithm changes, competition, and the quality of Client’s underlying business offering.

10.  PAYMENTS AND BILLING

10.1  Billing commences upon acceptance of this Agreement or as otherwise specified in the applicable order form or services agreement. Initial payment, including any setup fees, is due immediately upon acceptance unless otherwise agreed in writing.

10.2  Client shall pay all agreed fees according to the terms in the applicable order form or services agreement. Fees are due within the timeframe specified in the invoice or agreement.

10.3  Overdue payments shall bear interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate allowed under applicable law. If any payment obligation is more than thirty (30) days overdue, Expect Success Marketing may suspend Services until payment is made in full.

10.4  Client is responsible for all taxes assessed in connection with the Services, excluding taxes based on Expect Success Marketing’s income. Client is also responsible for any taxes arising from participation in any referral or affiliate program.

10.5  All fees are non-refundable, including in the event of mid-term termination, unless otherwise agreed in writing.

10.6  Client agrees to maintain accurate and up-to-date payment information on file at all times. Failure to do so may result in service interruption or additional administrative fees.

10.7  If Client initiates a chargeback or payment dispute with their payment processor without first contacting Expect Success Marketing to attempt resolution, this constitutes a material breach of this Agreement. Client agrees to indemnify and hold harmless Expect Success Marketing from any losses, fees, or damages resulting from such a chargeback.

11.  TERM AND TERMINATION

11.1  This Agreement takes effect immediately upon acceptance.

11.2  Unless specified otherwise, month-to-month subscriptions automatically renew at current rates. Client must notify Expect Success Marketing in writing at least thirty (30) days before the current term ends to opt out of renewal.

11.3  Either party may terminate a month-to-month agreement with thirty (30) days’ written notice. For fixed-term agreements, neither party may cancel before the specified end date without written consent from both parties. Client remains obligated to pay all fees through the end of the term.

11.4  Expect Success Marketing may suspend or terminate Services immediately without notice for: non-payment, fraudulent activity, illegal conduct, violation of these Terms, abuse, or any action that exposes Expect Success Marketing to legal or reputational risk. Suspension does not relieve Client of its payment obligations.

11.5  Upon termination, Sections 6, 7, 9, 10, 12, 13, and 14 of this Agreement shall survive.

11.6  All fees paid are non-refundable upon termination.

12.  THIRD-PARTY PLATFORMS

12.1  Our Services may involve third-party platforms including Google, Meta, CRM providers, AI software providers, hosting companies, communication systems, review platforms, and advertising networks.

12.2  Expect Success Marketing is not responsible for outages, policy changes, account suspensions, pricing changes, algorithm updates, or any other issues caused by third-party platforms, including any resulting impact on campaign performance or service delivery.

12.3  Client acknowledges that third-party platform accounts (such as Google Ads or Meta Business accounts) remain under Client’s ownership and are subject to those platforms’ own terms of service.

13.  WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

13.1  ALL SERVICES AND DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CONTINUOUS AVAILABILITY, OR ACCURACY OF AI-GENERATED CONTENT.

13.2  TO THE FULLEST EXTENT PERMITTED BY LAW, EXPECT SUCCESS MARKETING SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, DATA LOSS, BUSINESS INTERRUPTION, REPUTATION DAMAGE, MARKETING PERFORMANCE ISSUES, OR AI-RELATED ERRORS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.3  EXPECT SUCCESS MARKETING’S MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO EXPECT SUCCESS MARKETING IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE CLAIM.

13.4  Expect Success Marketing shall not be liable for any failure or delay in performing its obligations under this Agreement resulting from circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, natural disasters, fire, flood, labor strikes, civil disturbances, governmental actions, or third-party platform outages or policy changes (“Force Majeure”). Expect Success Marketing will make commercially reasonable efforts to notify Client of any such event.

14.  INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless Expect Success Marketing, its owners, employees, contractors, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from:

·         Client’s business operations or products/services.

·         Illegal activities conducted by Client or on Client’s behalf.

·         Client Materials or content provided to Expect Success Marketing.

·         Client’s misuse of the Services.

·         Client’s violation of any law, regulation, or third-party platform policy.

·         Client’s failure to obtain required permissions, consents, or releases.

15.  GENERAL PROVISIONS

15.1  Independent Contractor. The parties are independent contractors. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship between the parties.

15.2  Entire Agreement. This Agreement, together with any applicable order form or services agreement, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior proposals, negotiations, conversations, and agreements, whether oral or written. No additional or contrary terms in any purchase order or other communication shall modify this Agreement.

15.3  Severability. If any provision of this Agreement is found unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.4  No Waiver. No failure by either party to enforce any right or provision of this Agreement shall constitute a waiver of that right or provision.

15.5  Assignment. Client may not assign or transfer any rights or obligations under this Agreement without the prior written consent of Expect Success Marketing. Expect Success Marketing may assign this Agreement in connection with a merger, acquisition, or sale of substantially all of its assets.

15.6  Non-Solicitation. For a period of twenty-four (24) months following termination of this Agreement, Client shall not directly or indirectly solicit or hire any employee or subcontractor of Expect Success Marketing, for any purpose.

15.7  Notices. Any notice required under this Agreement must be provided by email, overnight courier, or U.S. registered mail to the contact information provided by each party. Email notice is effective upon transmission; physical notice is effective upon receipt or the fifth (5th) business day after posting.

15.8  Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding its conflicts of law provisions.

15.9  Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in Coconino County, Arizona, administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

15.10  Changes to Terms. Expect Success Marketing reserves the right to update these Terms at any time. Material changes will be communicated by email. Continued use of Services after the effective date of any update constitutes acceptance of the revised Terms.

15.11  Interpretation. Headings are for convenience only. Words denoting the singular include the plural and vice versa. The term “including” is illustrative and not limiting.

16.  CONTACT INFORMATION

For questions, concerns, or legal notices regarding these Terms of Service, please contact:

Expect Success Marketing
Website: https://ai.expectsuccessmarketing.com
Email: [email protected]