Terms & Conditions.

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Ad Velocity Group Inc. ("Company," "we," "us," or "our") regarding your access to and use of our website, services, and any related applications (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use our Services.

2. Services Description

Ad Velocity Group Inc. provides digital marketing services including but not limited to:

• Demand Generation and Paid Advertising
• Sales Funnel and Website Development
• CRM Automation and System Setup
• Email Marketing Campaigns
• SMS Text Message Marketing
• Social Media Management
• Marketing Strategy and Consulting

The specific services, deliverables, timelines, and fees will be outlined in a separate Service Agreement or Statement of Work ("SOW") executed between the parties.

3. SMS Text Messaging Program

3.1 Description of SMS Program

Ad Velocity Group Inc. operates an SMS text messaging program to communicate with clients and prospects. By providing your mobile phone number and opting in, you consent to receive text messages from us. Our SMS program includes the following messaging use cases:

• Marketing Messages: Promotional content about our services, special offers, discounts, and new service announcements
• Appointment Communications: Appointment reminders, scheduling confirmations, and rescheduling notifications
• Service Updates: Updates regarding your projects, campaigns, or service status
• Follow-Up Messages: Communications related to your inquiries, consultations, or service requests
• Customer Support: Responses to your questions, concerns, or support requests
• Account Notifications: Billing reminders, payment confirmations, and account-related alerts

3.2 Message Frequency

Message frequency varies based on your interactions with us and the type of services you use. You may receive:

• Up to 4 marketing messages per month
• Additional messages for appointment confirmations, service updates, and customer support as needed
• Real-time responses when you initiate contact via text message

3.3 Message and Data Rates Disclosure

3.4 Opt-Out Instructions

You may opt out of receiving SMS messages from us at any time by:

• Replying STOP to any text message you receive from us
• Replying QUIT, CANCEL, END, or UNSUBSCRIBE to any text message
• Contacting us directly at [email protected] or +1 (310) 696-1147

Once you opt out, you will receive a single confirmation message, and we will cease sending you SMS messages within 24 hours. Please note that opting out of SMS messages does not affect your ability to receive other communications such as email or phone calls, unless you specifically request to be removed from all marketing communications.

3.5 Help and Support

If you need assistance with our SMS program, you can:

• Reply HELP to any text message for support information
• Contact us via email at [email protected]
• Call us at +1 (310) 696-1147 during business hours (Monday - Friday, 9:00 AM - 6:00 PM PST)

3.6 SMS Consent and Privacy

By opting in to our SMS program, you acknowledge that:

• Your mobile phone number and SMS opt-in consent will not be shared, sold, or transferred to any third party for marketing purposes
• Your information may be shared with authorized messaging service providers (such as Twilio or GoHighLevel) solely for the purpose of delivering messages on our behalf
• We will maintain records of your consent for compliance purposes

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use or security breach
• Ensuring that you log out from your account at the end of each session

We reserve the right to disable any user account at any time if we determine that you have violated these Terms or if the account has been inactive for an extended period.

5. Payment Terms

5.1 Fees and Billing

All fees for our Services will be specified in the applicable Service Agreement or SOW. Unless otherwise stated:

• All fees are quoted and payable in United States Dollars (USD)
• Payment is due within 7 days of invoice date unless otherwise agreed
• Late payments may incur a service charge of 1.5% per month or the maximum allowed by law
• We reserve the right to suspend services for non-payment

5.2 Refund Policy

Refund policies, if any, will be specified in your Service Agreement. Generally:

• Setup fees and initial deposits are non-refundable once work has commenced
• Monthly retainer fees are non-refundable for the current billing period
• Project-based fees may be subject to partial refund based on work completed

5.3 Taxes

You are responsible for all applicable taxes, including sales tax, use tax, VAT, or other governmental charges associated with your purchase of Services, except for taxes based on our net income.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, materials, software, technology, and intellectual property provided by us in connection with the Services, including but not limited to:

• Website designs, templates, and code (excluding Client-specific content)
• Marketing strategies, frameworks, and methodologies
• Software tools, automation workflows, and systems
• Training materials, documentation, and guides

remain the exclusive property of Ad Velocity Group Inc. or our licensors. You are granted a limited, non-exclusive, non-transferable license to use these materials solely in connection with the Services during the term of our agreement.

6.2 Client Content and Data

You retain all ownership rights to your content, data, trademarks, and intellectual property that you provide to us for use in connection with the Services ("Client Materials"). By providing Client Materials, you grant us a limited license to use, modify, and display such materials solely for the purpose of providing the Services.

6.3 Work Product Ownership

Upon full payment of all fees due:

• Custom creative work (logos, graphics, copy) becomes your property
• Website designs and custom code are transferred to you
• Proprietary frameworks, templates, and methodologies remain our property
• Third-party licensed materials remain subject to their original licenses

7. Confidentiality

Both parties agree to maintain the confidentiality of all proprietary and confidential information disclosed during the course of our business relationship. This includes:

• Business strategies, financial information, and customer data
• Marketing plans, campaign data, and performance metrics
• Technical information, software, and system configurations
• Any information marked as "confidential" or that should reasonably be understood as confidential

This obligation survives termination of our agreement for a period of 3 years, or indefinitely for trade secrets.

8. Privacy Policy

For privacy-related inquiries, please refer to our Privacy Policy at app.advelocitygroup.com/privacy-policy.

9. Client Responsibilities

You agree to:

• Provide timely access to necessary accounts, platforms, and data
• Respond to requests for feedback, approvals, and information within reasonable timeframes
• Provide accurate and complete information about your business, products, and services
• Ensure you have the legal right to use all materials you provide to us
• Comply with all applicable laws and regulations in your use of the Services
• Not use our Services for any illegal, fraudulent, or harmful purpose

10. Limitation of Liability

10.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AD VELOCITY GROUP INC. SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Damages arising from third-party platforms or services
• Any damages exceeding the total amount paid by you to us in the 12 months preceding the claim

11. Carrier Liability Disclaimer

Ad Velocity Group Inc. utilizes third-party carriers and messaging service providers (including but not limited to wireless carriers, Twilio, and GoHighLevel) to deliver SMS text messages. We are not responsible for:

• Delays in message delivery caused by carrier networks or technical issues
• Messages that are not received due to carrier filtering, blocking, or network outages
• Any charges or fees imposed by your wireless carrier for receiving text messages
• The content, accuracy, or timeliness of messages once they have been transmitted to the carrier
• Any loss of data, service interruptions, or other issues caused by carrier-related problems

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to the terms and conditions of your wireless carrier. By using our SMS services, you acknowledge that delivery is not guaranteed and release us from any liability related to carrier performance.

12. Age Restriction

Our Services are intended for users who are at least 18 years of age. By accessing or using our Services, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into a binding contract
• You are not prohibited from using our Services under applicable law

If we discover that a user under the age of 18 has provided us with personal information or is using our Services, we will terminate that user's account and delete their information in accordance with applicable law. Parents or guardians who believe their child has provided us with personal information may contact us at [email protected].

13. Indemnification

You agree to indemnify, defend, and hold harmless Ad Velocity Group Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content or materials you provide to us

14. Term and Termination

14.1 Term

The term of our agreement will be specified in your Service Agreement or SOW. Unless otherwise specified, services are provided on a month-to-month basis with either party able to terminate with 30 days written notice.

14.2 Termination for Cause

Either party may terminate the agreement immediately upon written notice if the other party:

• Materially breaches these Terms and fails to cure within 15 days of written notice
• Becomes insolvent, files for bankruptcy, or ceases business operations
• Engages in fraudulent, illegal, or harmful activities

14.3 Effect of Termination

Upon termination:

• All outstanding fees become immediately due and payable
• You must cease using our proprietary materials and systems
• We will return or destroy your confidential information as requested
• Provisions that by their nature should survive termination will survive

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

15.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiation. If negotiation fails, the parties agree to mediation in Orange County, California. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15.3 Class Action Waiver

YOU AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16. Third-Party Services and Platforms

Our Services may integrate with or rely on third-party platforms and services, including but not limited to:

• Meta (Facebook/Instagram) Advertising Platform
• Google Ads and Google Analytics
• GoHighLevel CRM and Marketing Platform
• Twilio (SMS Messaging)
• Stripe, PayPal, and other payment processors
• Email service providers (Mailchimp, ActiveCampaign, etc.)

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, performance, or policies of these third-party services.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. We will notify you of material changes by:

• Posting the updated Terms on this page with a revised "Last Updated" date
• Sending an email notification to the address associated with your account
• Displaying a notice on our website or through our Services

Your continued use of our Services after any changes constitutes your acceptance of the revised Terms.

18. General Provisions

18.1 Entire Agreement

These Terms, together with any Service Agreement or SOW, constitute the entire agreement between you and Ad Velocity Group Inc. regarding the Services and supersede all prior agreements, understandings, and negotiations.

18.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

18.5 Notices

All notices required or permitted under these Terms shall be in writing and delivered to:

19. Contact Us

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:

• Email: [email protected]
• Phone: +1 (310) 696-1147
• Address: 6551 Warner Ave Apt 48, Huntington Beach, CA 92647
• Website: app.advelocitygroup.com