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    Terms & Conditions

    Effective Date: April 16, 2025 · Last Updated: April 16, 2025

    1. Introduction

    These Terms and Conditions ("Terms") govern your access to and use of the website located at www.positionone.ai (the "Site") and any digital marketing services provided by Position One ("Company," "we," "us," or "our"), including organic marketing, paid marketing, web development, and consulting (collectively, the "Services").

    By accessing the Site, submitting an inquiry, completing a discovery call request form, or engaging us for Services, you ("you," "Client," or "User") agree to be bound by these Terms. If you do not agree, you must not use the Site or our Services.

    2. Eligibility

    You must be at least 18 years of age and have the legal authority to enter into a binding agreement on behalf of yourself or the entity you represent. By using the Site or engaging our Services, you represent and warrant that you meet these requirements.

    3. Services and Engagement

    3.1 Scope of Services

    The specific Services to be provided, deliverables, timelines, fees, and payment terms will be set forth in a separate written proposal, statement of work, or service agreement ("Service Agreement") executed between Position One and the Client. In the event of a conflict between these Terms and a Service Agreement, the Service Agreement will control with respect to the Services described therein.

    3.2 No Guarantee of Results

    Digital marketing outcomes depend on many factors outside of our control, including market conditions, competition, budget, third-party platform changes (such as Google, Meta, or other ad networks), and Client cooperation. Position One does not guarantee specific rankings, traffic volumes, conversion rates, lead counts, or revenue outcomes. Any forward-looking statements, projections, or examples shared during the sales process are illustrative only and do not constitute a warranty.

    3.3 Third-Party Platforms

    Our Services rely on third-party platforms (e.g., Google Ads, Meta Ads Manager, Google Analytics, Wix, Typeform). Position One is not responsible for downtime, policy changes, account suspensions, algorithm updates, billing errors, or other actions taken by these third parties. Clients are responsible for complying with all applicable platform policies.

    4. Client Responsibilities

    As a condition of receiving Services, Client agrees to:

    • Provide accurate, current, and complete information necessary for service delivery;
    • Grant Position One appropriate access to advertising accounts, analytics platforms, websites, content management systems, and other tools as needed;
    • Make timely payments in accordance with the Service Agreement;
    • Review and approve deliverables, copy, and creative within the timeframes specified in the Service Agreement;
    • Comply with all applicable laws and third-party platform policies, including advertising guidelines and consumer protection laws;
    • Maintain ownership and control of any required business assets, domain names, hosting accounts, and credentials, except to the extent expressly assigned to Position One in writing.

    5. Fees and Payment

    5.1 Fees

    Fees for Services, including management fees, project fees, and any retainer amounts, will be set forth in the applicable Service Agreement. Unless otherwise stated, all fees are quoted and payable in U.S. dollars and are exclusive of applicable taxes, which are the responsibility of the Client.

    5.2 Ad Spend

    Ad spend (media budget) is separate from Position One's management or service fees. Unless otherwise agreed in writing, Client is responsible for funding ad spend directly with the applicable ad platform using Client's own billing method.

    5.3 Late Payment

    Invoices not paid by their due date may be subject to a late fee of 1.5% per month (or the maximum permitted by law, whichever is less). Position One reserves the right to suspend or terminate Services for non-payment and to pursue collection of any outstanding amounts.

    5.4 Refunds

    Except as expressly stated in a Service Agreement, fees paid for completed work, time worked, or services rendered are non-refundable. Refund eligibility for prepaid, unused services will be determined in accordance with the applicable Service Agreement.

    6. Intellectual Property

    6.1 Client-Owned Materials

    Upon full payment of all amounts owed under a Service Agreement, Client will own the final deliverables specifically created for Client (such as ad copy, creative assets, landing pages, and websites), except for any pre-existing materials, third-party assets, or proprietary tools and frameworks owned by Position One or its licensors.

    6.2 Position One Materials

    Position One retains all right, title, and interest in and to its proprietary methodologies, internal templates, software, processes, know-how, and tools used to perform the Services. No license to such materials is granted to Client other than the limited right to use the final deliverables for their intended purpose.

    6.3 Portfolio and Case Studies

    Unless Client objects in writing, Position One may reference Client's name, logo, and anonymized performance data in case studies, portfolio examples, marketing materials, and on this Site for the purpose of describing our work.

    6.4 Site Content

    All content on www.positionone.ai — including text, graphics, logos, images, video, and software — is the property of Position One or its licensors and is protected by U.S. and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any portion of the Site without our prior written consent.

    7. Confidentiality

    Each party agrees to hold in confidence and not disclose to any third party any non-public business, technical, financial, customer, or strategic information disclosed by the other party in connection with the Services ("Confidential Information"), except as required to perform the Services, with the disclosing party's written consent, or as required by law. The obligations in this Section will survive termination of the engagement.

    8. Term and Termination

    8.1 Term

    The term of each engagement will be specified in the applicable Service Agreement.

    8.2 Termination for Convenience

    Unless otherwise stated in the Service Agreement, either party may terminate the engagement upon thirty (30) days' prior written notice to the other party.

    8.3 Termination for Cause

    Either party may terminate the engagement immediately upon written notice if the other party materially breaches these Terms or the Service Agreement and fails to cure such breach within ten (10) business days of receiving notice of the breach.

    8.4 Effect of Termination

    Upon termination, Client will pay all fees earned and expenses incurred through the effective date of termination. Position One will deliver any work product completed and paid for and will return or, at Client's request, destroy Confidential Information in its possession, subject to reasonable archival and legal retention rights.

    9. Disclaimers

    THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE USAGE. POSITION ONE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

    10. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POSITION ONE OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    POSITION ONE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES (EXCLUDING AD SPEND) PAID BY CLIENT TO POSITION ONE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

    11. Indemnification

    Client agrees to defend, indemnify, and hold harmless Position One and its officers, employees, and agents from and against any third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's use of the Site or Services; (b) Client's breach of these Terms or any Service Agreement; (c) Client's violation of any law or third-party right, including intellectual property, privacy, or platform policies; or (d) the content, products, or services Client advertises or promotes through the Services.

    12. Website Use

    When using the Site, you agree not to:

    • Use the Site for any unlawful or unauthorized purpose;
    • Attempt to gain unauthorized access to any portion of the Site, related systems, or networks;
    • Reproduce, distribute, modify, or create derivative works from Site content without our prior written consent;
    • Interfere with or disrupt the Site's operation or other users' experience;
    • Use any automated means (such as bots or scrapers) to access the Site without our prior written consent.

    13. Third-Party Links

    The Site may contain links to third-party websites or resources. Position One does not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party site or service. Your use of third-party sites is at your own risk.

    14. Governing Law and Dispute Resolution

    These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-laws principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the parties consent to the personal jurisdiction and venue of those courts.

    15. Changes to These Terms

    We may update these Terms from time to time to reflect changes in our practices, technology, or legal requirements. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, provide additional notice. Your continued use of the Site or Services after any changes constitutes your acceptance of the revised Terms.

    16. Miscellaneous

    These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and Position One regarding the Site and Services and supersede all prior agreements and understandings. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver of such right or provision. 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.

    17. Contact Us

    If you have any questions about these Terms, please contact us:

    Position One
    25 S Arizona Pl, 5th Floor
    Chandler, AZ 85225
    Email: Info@PositionOne.ai
    Phone: (602) 786-5580
    Website: https://www.positionone.ai

    © 2025 Position One. All rights reserved.