Terms of Use

These Terms of Use ("Terms") govern your use of emarketiq.com and any services provided by eMarketIQ ("eMarketIQ," "we," "us"), a business based in Weston, Florida. By using our website or engaging our services, you agree to these Terms. If you do not agree, please do not use the site or services.

1. Our services and project agreements

eMarketIQ provides AI strategy and adoption consulting, workflow automation, ongoing implementation and support, technology consulting and development, web development and digital marketing. The specific scope, deliverables, timeline and fees for each engagement are set out in a written proposal, statement of work or order form ("Project Agreement"). If a Project Agreement conflicts with these Terms, the Project Agreement controls for that engagement.

2. Using our website

You may use this website for lawful business purposes. You agree not to misuse it, including by attempting to gain unauthorized access, introducing malicious code, scraping it in a way that disrupts service, submitting false information, or using it to send spam. We may suspend access if we reasonably believe these Terms have been violated.

3. Fees and payment

• Invoices: unless a Project Agreement says otherwise, invoices are due within 15 days of the invoice date. Setup and build fees may be invoiced in part before work begins.
• Recurring services: monthly fees are billed in advance and renew month to month until cancelled under section 9.
• Platform and third-party costs: subscriptions for phone, AI, CRM, hosting and similar services are billed at cost or paid directly by you, as stated in the Project Agreement. We do not control third-party price changes.
• Late payments: amounts not paid when due accrue interest at 1.5% per month (18% per year), or the highest rate permitted by law, whichever is lower, from the due date until paid.
• Disputes: please tell us in writing within 15 days of the invoice date if you dispute any charge, with the reason, and we will work in good faith to resolve it. Undisputed amounts remain payable.
• Suspension: if an invoice is more than 15 days past due, we may suspend services after giving you written notice and 10 days to cure.
• Taxes: fees exclude applicable taxes, which you are responsible for.
• Refunds: fees for work already performed and for time already committed are non-refundable unless a Project Agreement or applicable law says otherwise.

4. Your responsibilities

To receive good results you agree to provide timely access, accurate information and prompt feedback, and to review and approve configurations before they go live. You are responsible for:

• the accuracy and lawfulness of the content, data and instructions you give us;
• obtaining all consents and giving all notices required for calls, text messages and emails sent through automations on your behalf, including under the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act;
• complying with call-recording and automated-caller disclosure laws that apply to you;
• compliance with laws specific to your industry, such as fair housing rules for property managers; and
• the security of your own accounts and credentials.

5. AI outputs and no guarantee of results

AI systems can produce inaccurate, incomplete or inappropriate output. We design guardrails, testing and human hand-offs, but we cannot guarantee that any AI output will be error-free, and you remain responsible for reviewing outputs and deciding how to use them. We do not guarantee any particular result, such as revenue, leads, rankings, search or AI-answer placement, or time savings. Estimates, calculators and examples are illustrative and depend on factors outside our control.

6. Third-party platforms

Our work relies on third-party services such as telephone carriers, AI model providers, software platforms and hosting providers. Their availability, features, pricing and terms can change without notice. We are not responsible for third-party outages, policy changes or actions, but we will help you adapt where reasonably possible.

7. Intellectual property

• Your materials: you keep ownership of your data, content, brand assets and the accounts we set up in your name.
• Deliverables: once you have paid in full, you own the custom deliverables created specifically for you under a Project Agreement, such as written content, designs and workflow configurations, subject to the rights of third-party platforms and licenses.
• Our tools and methods: we keep ownership of our pre-existing and general-purpose methods, templates, frameworks, code snippets and know-how, and grant you a non-exclusive license to use them as part of your deliverables.
• Portfolio use: we will not publish your name, logo or results without your written approval.

8. Confidentiality

Each party will protect the other's non-public business information, use it only for the engagement, and not disclose it except to people who need it and are bound to keep it confidential, or as required by law. This does not apply to information that is public, independently developed, or lawfully received from someone else.

9. Term and termination

• Month-to-month services: either party may cancel by giving 30 days' written notice.
• Fixed-scope projects: either party may terminate for a material breach that is not cured within 10 days of written notice.
• On termination: you will pay for work performed and costs committed through the termination date, and we will reasonably help transfer accounts, access and documentation to you.

10. Disclaimer of warranties

Except as stated in a Project Agreement, our website and services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of liability

To the fullest extent permitted by law, eMarketIQ will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data or business interruption, even if advised of the possibility. Our total liability for all claims relating to an engagement is limited to the fees you paid us for that engagement in the 12 months before the claim arose. Nothing in these Terms limits liability that cannot be limited by law.

12. Indemnification

You agree to defend and indemnify eMarketIQ against third-party claims arising from content or data you provide, your instructions, your use of automations in violation of law, or your breach of these Terms. We agree to defend and indemnify you against third-party claims that deliverables we created, used as permitted, infringe that party's intellectual property rights. The indemnified party must give prompt written notice and reasonable cooperation.

13. Governing law, venue and legal fees

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Broward County, Florida, and each party consents to their jurisdiction. In any action to enforce these Terms, the prevailing party is entitled to recover reasonable attorneys' fees and costs, including on appeal. To the extent permitted by law, each party waives the right to a jury trial.

14. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, utility or internet outages, government action, or third-party platform failures. Payment obligations for work already performed are not excused.

15. Changes to these Terms

We may update these Terms. The date at the top shows the latest version. If we make material changes, we will post them here, and continued use after the effective date means you accept them. Changes do not alter an existing Project Agreement unless both parties agree in writing.

16. General

These Terms, together with any Project Agreement and our Privacy Policy and Disclaimers, are the entire agreement on their subject. If a provision is unenforceable, the rest remains in effect. Neither party may assign its rights without the other's consent, except to a successor of its business. Notices may be sent by email to the address on file. We are independent contractors, not partners, employees or agents of each other.

17. Contact

eMarketIQ, Weston, Florida. Email: info@emarketiq.com. Phone: (754) 800-5035.