Terms of Use

1. Acceptance of Terms

By accessing or using the Prime Marketing website or any related services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services. We reserve the right to modify these Terms at any time; continued use after changes constitutes acceptance of the revised Terms. For material changes, we will provide notice as described in these Terms or via our website.

2. Services Description

Prime Marketing provides digital marketing services, including but not limited to:

• Search engine optimization (SEO) and content strategy
• Paid advertising (e.g., Google Ads, Meta, LinkedIn)
• Social media marketing and community management
• Conversion rate optimization (CRO) and analytics
• AI-driven influencer and content campaigns
• Consulting, audits, and performance reporting

Specific deliverables, scope, and performance expectations will be set forth in separate statements of work, proposals, or service agreements ("Service Agreements"). In the event of a conflict between these Terms and a Service Agreement, the Service Agreement shall control with respect to the specific services covered therein.

3. User Accounts

Where we provide client portals or account-based access, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information and to notify us promptly of any unauthorized use. We are not liable for any loss or damage arising from your failure to protect your account information. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security or abuse risk.

4. Payment Terms

Fees for services will be as set forth in the applicable proposal or Service Agreement. Unless otherwise agreed in writing:

• You agree to pay all invoiced amounts within the payment terms specified (e.g., net 30).
• Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law.
• You are responsible for any applicable taxes (other than taxes on our net income).
• Retainers and prepaid amounts are non-refundable except as expressly provided in the Service Agreement.

We may suspend or terminate services for non-payment. Disputed amounts must be communicated in writing within the timeframe specified in the invoice; undisputed portions remain due.

5. Intellectual Property

Our website, tools, methodologies, templates, and pre-existing materials remain our sole property. Subject to full payment and any terms in the Service Agreement, we grant you a license to use deliverables created specifically for you in connection with the engagement. We retain the right to use non-confidential, generalized learnings and methodologies in our business. You represent that any materials, data, or assets you provide to us do not infringe third-party rights and that you have the right to grant us a license to use them to perform the services. We will not use your trademarks or brand assets except as necessary to perform the agreed-upon services unless you grant additional permission.

6. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other in connection with the services. Confidential information may include business plans, customer data, pricing, and proprietary methods. Neither party will use the other's confidential information except as necessary to perform under these Terms or a Service Agreement, or disclose it to third parties except to advisors or service providers bound by confidentiality. These obligations survive termination. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction. We may disclose confidential information if required by law, provided we give reasonable notice where permitted.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Prime Marketing and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising out of or related to these Terms or the services, whether in contract, tort, or otherwise. Our total aggregate liability for any claims arising from or related to these Terms or the services shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability will be limited to the greatest extent permitted by law. The limitations in this section apply even if we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify, defend, and hold harmless Prime Marketing and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the services; (b) your violation of these Terms or any applicable law; (c) your violation of any third-party right; (d) any content, data, or materials you provide to us; or (e) any dispute between you and a third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.

9. Termination

Either party may terminate an engagement in accordance with the terms of the applicable Service Agreement. We may suspend or terminate your access to our website or services immediately if you breach these Terms or if we are required to do so by law. Upon termination, your right to use the services ceases. Sections that by their nature should survive (including Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive termination. Any fees owed for services rendered prior to termination remain due.

10. Governing Law

These Terms and any dispute arising out of or related to them or the services shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

11. Dispute Resolution

Before initiating any formal legal proceeding, you agree to contact us and attempt to resolve the dispute informally. If the dispute cannot be resolved within thirty (30) days, either party may pursue resolution through binding arbitration administered by a recognized arbitration body in accordance with its rules, or through the courts of the State of Delaware. You waive any right to participate in a class action or representative proceeding. Nothing in these Terms prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction.

12. Contact Information

For questions about these Terms of Use, please contact us via our contact page, or by email at legal@primemarketing.ai. We will respond to inquiries in a reasonable timeframe.