Terms of Service
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Ascentium Digital ("we," "us," or "our"), concerning your access to and use of the [insert website URL] website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site and/or using our services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. User Representations
By using the Site, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete
You will maintain the accuracy of such information and promptly update such registration information as necessary
You have the legal capacity and you agree to comply with these Terms
You are not a minor in the jurisdiction in which you reside
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
You will not use the Site for any illegal or unauthorized purpose
Your use of the Site will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. User Registration
You may be required to register with the Site in order to access certain services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
Use a buying agent or purchasing agent to make purchases on the Site
Use the Site to advertise or offer to sell goods and services
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Make improper use of our support services or submit false reports of abuse or misconduct
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
Attempt to impersonate another user or person or use the username of another user
Sell or otherwise transfer your profile
Use any information obtained from the Site in order to harass, abuse, or harm another person
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
Delete the copyright or other proprietary rights notice from any Content
Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms")
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use the Site in a manner inconsistent with any applicable laws or regulations
6. Services and Fees
6.1 Services Provided
Ascentium Digital provides client acquisition services, including but not limited to advertising campaign management, funnel development, copywriting, email automation, and related marketing services (collectively, the "Services").
6.2 Service Agreement
Specific terms of service delivery, including scope of work, deliverables, timelines, and pricing, will be outlined in a separate Service Agreement or Statement of Work executed between you and Ascentium Digital. In the event of any conflict between these Terms and a Service Agreement, the Service Agreement shall control with respect to the specific services provided.
6.3 Payment Terms
Payment terms, including setup fees, monthly retainers, ad spend budgets, and payment schedules, will be specified in your Service Agreement. All fees are non-refundable unless otherwise specified in your Service Agreement or our guarantee policy.
6.4 Ad Spend
Any advertising spend (e.g., Meta ads, Google ads) is separate from our service fees and is paid directly to the advertising platforms. You are responsible for providing payment information to advertising platforms and maintaining sufficient funds for ad campaigns.
6.5 Guarantee Terms
Our performance guarantee, if applicable, will be specified in your Service Agreement and is subject to the terms and conditions outlined therein, including but not limited to client cooperation requirements, minimum contract duration, and qualification criteria.
7. Client Responsibilities
To enable us to provide the Services effectively, you agree to:
Provide timely access to necessary business information, materials, and assets
Respond to requests for information, feedback, and approvals within reasonable timeframes
Ensure all information provided is accurate, complete, and not misleading
Comply with all applicable laws, regulations, and professional standards governing your industry
Review and approve all marketing materials for compliance with industry regulations before launch
Maintain active communication and participate in scheduled meetings and calls
Provide access to necessary accounts, platforms, and tools required for service delivery
Failure to fulfill these responsibilities may impact our ability to deliver results and may affect guarantee eligibility.
8. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Your use of the Site or Services
Breach of these Terms
Any breach of your representations and warranties set forth in these Terms
Your violation of the rights of a third party, including but not limited to intellectual property rights
Any overt harmful act toward any other user of the Site with whom you connected via the Site