Terms of Service

These Terms of Service ("Terms") are a binding legal agreement between you and Seri Marketing, a sole proprietorship operating under the laws of the State of Florida ("Seri Marketing," "Company," "we," "us," or "our"). These Terms govern your access to and use of the Seri Marketing website at seri.marketing, the Seri Marketing Client Portal at portal.seri.marketing, the Seri Marketing staff dashboard, and any related services (collectively, the "Services"). By accessing or using any part of the Services, you agree to be bound by these Terms, including the arbitration agreement and class action waiver in Section 15. If you do not agree, do not use the Services.

If you are using the Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity, jointly and severally.

1. Description of Services

Clients who engage Seri Marketing for services are given access to the Client Portal, a private, login-protected environment for viewing invoices, proposals, ad performance reporting, documents, and messages with our team. Access to the Client Portal is provided only to clients under an active or prior engagement and is not available to the general public.

The specific scope, deliverables, fees, performance guarantees (if any), and term of any engagement are governed by a separate signed service agreement or proposal between you and Seri Marketing, not by these Terms. If a conflict exists between these Terms and a signed service agreement, the signed service agreement controls for matters within its scope.

2. Eligibility

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

3. Account Registration and Security

Client Portal and staff dashboard access is secured by a login credential (passcode, email/password, or a single-use link, depending on the account type). You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at serimarketing05@outlook.com if you suspect unauthorized access to your account. We are not liable for any loss arising from your failure to safeguard your credentials.

4. Client Responsibilities

When working with Seri Marketing, clients are expected to: provide timely feedback and creative approvals; grant necessary access to relevant accounts (such as Meta Business Manager, Google Ads, or Google Analytics); provide accurate business, billing, and contact information; and fund their own advertising spend directly to the applicable ad platform (Meta, Google, etc.), separate from any fees paid to Seri Marketing. Any performance guarantee offered as part of a specific engagement is conditioned on the client meeting the requirements stated in that engagement's signed agreement, including minimum ad-spend thresholds, approval turnaround times, and timely payment. Failure to meet these requirements may delay results, void an applicable guarantee, or result in campaign pauses, and Seri Marketing is not responsible for delays, missed deadlines, or outcomes caused by a client's failure to meet these responsibilities.

5. Fees, Payment, and Billing

Fees for services are set out in your signed proposal or service agreement, not on this website. Amounts not paid when due may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend services or Client Portal access for accounts with amounts past due. Where payment is collected through the Client Portal, it is processed by third-party payment processors, currently Stripe and, where offered as a financing option, Affirm. Seri Marketing does not store your full payment card or bank account details; those are handled directly by the payment processor under its own terms and privacy policy. Any refund, cancellation, or no-refund terms tied to a specific payment option (including financed payments) are governed by your signed service agreement.

6. Acceptable Use

You agree to use the Services only for lawful purposes. You may not: attempt to gain unauthorized access to any account, system, or data; probe, scan, or test the vulnerability of the Services; interfere with or disrupt the Services or servers/networks connected to them; upload or transmit malicious code; scrape or harvest data from the Services without our written consent; upload content through the Client Portal that infringes another party's intellectual property or is unlawful, defamatory, or fraudulent; or impersonate any person or entity.

7. Intellectual Property

All content on the Services, including text, graphics, logos, software, and Seri Marketing's proprietary marketing methodologies and frameworks, is owned by Seri Marketing or its licensors and is protected by intellectual property laws. Except as expressly permitted under a signed service agreement, you may not reproduce, distribute, modify, or create derivative works from this content without our prior written permission.

Deliverables created for a client under a signed service agreement (such as ad creative, copy, or reports) are licensed or assigned to that client as specified in that agreement, generally upon full payment for the work in question. Seri Marketing retains ownership of its underlying tools, templates, research libraries, and internal systems regardless of any deliverable license or assignment, and may reuse general skills, know-how, and non-client-identifying techniques developed during an engagement for other clients.

8. Client-Submitted Content

If you submit photos, video footage, business information, or other materials to Seri Marketing for use in creative production ("Client Content"), you represent and warrant that you own or have the necessary rights to that material and that it does not infringe or violate any third party's rights. You grant Seri Marketing a non-exclusive, worldwide, royalty-free license to use, reproduce, edit, and publish Client Content solely to provide the agreed services (such as producing ads or organic content on your behalf).

9. Copyright Infringement Notices

If you believe material available through the Services infringes your copyright, send a written notice to serimarketing05@outlook.com identifying the copyrighted work, the material you claim is infringing and its location, your contact information, and a statement made under penalty of perjury that you are authorized to act on behalf of the copyright owner. We will investigate and, where appropriate, remove or disable access to the material.

10. Third-Party Services

The Services rely on and integrate with third-party platforms, including Meta, Google, Stripe, Affirm, and Calendly. These platforms are not owned or controlled by Seri Marketing, and we are not responsible for their availability, changes to their policies or algorithms, or any outages, errors, or losses arising from their use. Your use of any third-party platform is subject to that platform's own terms and privacy policy.

11. Confidentiality

Each party may receive non-public business, financial, technical, or strategic information from the other ("Confidential Information") in connection with the Services. Each party agrees to use the other's Confidential Information only to perform its obligations or exercise its rights under these Terms and any signed service agreement, and not to disclose it to third parties except to employees, contractors, or service providers who need it for that purpose and are bound by confidentiality obligations at least as protective as this Section. This Section does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party without a duty of confidentiality, or is required to be disclosed by law, provided reasonable notice is given where legally permitted.

12. Non-Solicitation

During an active engagement and for twelve (12) months after its termination, you agree not to directly or indirectly solicit for hire, hire, or engage as an independent contractor any Seri Marketing employee or subcontractor who was involved in providing services to you, without our prior written consent. This Section does not apply to responses to general public job postings not specifically directed at Seri Marketing personnel.

13. Relationship of the Parties

Seri Marketing is an independent contractor. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship between you and Seri Marketing, and neither party has authority to bind the other except as expressly stated in a signed service agreement.

14. Publicity

We may identify you as a client and reference your business name and logo in our marketing materials, website, and case studies, including general performance results in aggregate or anonymized form. You may opt out of this at any time by emailing serimarketing05@outlook.com.

15. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Digital marketing results depend on factors outside our control, including platform algorithm changes, market conditions, and client-provided information and assets. Seri Marketing does not guarantee any specific financial result, lead count, or metric except where a specific, written guarantee is expressly stated in a signed service agreement, and then only on the terms stated in that agreement.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERI MARKETING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF SERI MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERI MARKETING'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE TOTAL FEES YOU PAID TO SERI MARKETING IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

You acknowledge that Seri Marketing has set its fees and entered into these Terms in reliance on the warranty disclaimers and limitations of liability set forth in this Section, that these provisions reflect a reasonable allocation of risk between the parties, and that they form an essential basis of the bargain between you and Seri Marketing. Nothing in these Terms limits liability that cannot be limited under applicable law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Seri Marketing and its owner from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms or any signed service agreement; (b) your violation of applicable law; (c) Client Content or other materials you submit to us; or (d) your negligence or willful misconduct.

17. Termination

We may suspend or terminate your access to the Services, including Client Portal access, at any time if we believe you have violated these Terms. Termination of an active client engagement is governed by your signed service agreement. Sections of these Terms that by their nature should survive termination (including Intellectual Property, Confidentiality, Non-Solicitation, Disclaimers and Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive.

18. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles, except that the Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of the arbitration agreement in Section 19 to the fullest extent permitted.

19. Dispute Resolution, Binding Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

19.1 Informal Resolution First

Before filing a claim against Seri Marketing, you agree to first contact us at serimarketing05@outlook.com and describe the dispute in writing so we can attempt in good faith to resolve it informally. Most disputes can be resolved this way. If a dispute is not resolved within thirty (30) days of that notice, either party may proceed as set out below.

19.2 Agreement to Arbitrate

You and Seri Marketing agree that any dispute, claim, or controversy arising out of or relating to these Terms, any signed service agreement, or the Services (a "Dispute") that is not resolved informally under Section 19.1 will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, rather than in court, except as set out in Section 19.5. The arbitration will be conducted by a single arbitrator, in the county where Seri Marketing operates in Florida, or by videoconference if either party requests it. Judgment on the arbitration award may be entered in any court having jurisdiction.

19.3 Class Action and Jury Trial Waiver

YOU AND SERI MARKETING EACH WAIVE THE RIGHT TO A TRIAL BY JURY. DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. If this class action waiver is found unenforceable as to a particular Dispute, then the agreement to arbitrate in Section 19.2 will not apply to that Dispute, and that Dispute must be brought exclusively in the courts identified in Section 19.5.

19.4 Arbitration Costs

Payment of filing, administration, and arbitrator fees will be governed by the AAA's rules. Each party will bear its own attorneys' fees and costs unless the arbitrator awards them to the prevailing party under Section 20 or as otherwise permitted by applicable law.

19.5 Exceptions to Arbitration

Notwithstanding Section 19.2, either party may: (a) bring an individual action in small claims court for Disputes within that court's jurisdiction; and (b) seek injunctive or other equitable relief in the state or federal courts located in Florida to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property or confidentiality obligations. Both parties consent to the personal jurisdiction of those courts for that limited purpose.

19.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to serimarketing05@outlook.com within thirty (30) days of the date you first became subject to these Terms, stating your name and a clear statement that you decline to be bound by Section 19. If you opt out, all other provisions of these Terms, including the class action waiver, will continue to apply, and any Dispute will instead be brought exclusively in the state or federal courts located in Florida under Section 18.

20. Attorneys' Fees

In any action or proceeding to enforce or interpret these Terms, including arbitration under Section 19, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, in addition to any other relief awarded.

21. Notices

Legal notices to Seri Marketing must be sent to serimarketing05@outlook.com. We may send notices to you at the email address associated with your account or submission. Notices are considered given when sent, provided the sender has no reason to believe delivery failed.

22. Force Majeure

Seri Marketing is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including platform outages, acts of God, internet or infrastructure failures, or changes to third-party advertising platform policies.

23. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect, except as otherwise provided in Section 19.3. These Terms, together with any signed service agreement applicable to you, constitute the entire agreement between you and Seri Marketing regarding the Services and supersede any prior agreements on that subject.

24. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets without restriction.

25. No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

26. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by updating the "Effective Date" above. Your continued use of the Services after a change takes effect constitutes acceptance of the updated Terms.

27. Contact Us

Questions about these Terms can be sent to serimarketing05@outlook.com.