Terms of Service

Effective Date: September 22, 2026

Company Name: Aomark Digital LLC

Company Address: 75 E 3rd St, Sheridan, WY 82801, United States

Website: https://aomarkdigital.com/

Email: contact@aomarkdigital.com

On this page

1. Agreement to These Terms

These Terms of Service (“Terms”) form a legally binding agreement between you and Aomark Digital LLC, a Wyoming limited liability company (“Aomark Digital,” “Company,” “we,” “us,” or “our”). They govern your access to and use of our Websites and your purchase and receipt of our Services.

You accept these Terms when you do any of the following: use our Websites; submit an inquiry or order; sign, electronically accept or pay for a Proposal, Statement of Work or Order; or otherwise engage us to provide Services. If you do not agree to these Terms, do not use our Websites or Services.

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity, and “you,” “your” and “Client” refer to that entity. If you do not have that authority, you must not accept these Terms on the entity’s behalf.

Please read Section 21 (Dispute Resolution and Binding Arbitration) carefully. It requires most disputes to be resolved by individual binding arbitration rather than in court, and it includes a waiver of class actions and jury trials, subject to the exceptions and opt-out right described in that Section.

2. Definitions

“Websites” means https://aomarkdigital.com/, https://aomark.io/, https://link-building.rs/ and any other website, subdomain or online property we operate that links to these Terms.
“Platforms” means the Aomark platform and the LinkBuilding platform, including their accounts, dashboards, subscriptions and features.
“Software” means our WordPress plugins and other downloadable software.
“Services” means the agency and professional services we provide, including search engine optimization (SEO), link building, web development, paid advertising management, email marketing, analytics, automation, consulting and related services.
“Client” means the individual or entity that orders or receives Services from us.
“Proposal,” “Statement of Work” or “SOW,” and “Order” mean any document, quote, order form, online checkout or written communication, accepted by both parties, that describes the Services, deliverables, fees, timelines and other commercial terms of a specific engagement. We refer to each of them as an “Engagement Document.”
“Deliverables” means the specific work product we create and deliver to the Client under an Engagement Document.
“Client Materials” means content, data, trademarks, logos, images, text, product information, access credentials and other materials that the Client or its representatives provide to us.
“Pre-Existing Materials” means materials, tools, templates, code, know-how, processes and software owned or developed by us before or independently of an engagement, including our Platforms and Software.
“Third-Party Materials” means software, plugins, themes, fonts, stock media, APIs, platforms and other materials owned by third parties, including open-source software.
“Publisher” means an independent website owner, editor or content partner with whom we arrange content or link placements.
“Business Day” means Monday through Friday, excluding U.S. federal holidays.
“Consumer” means an individual who purchases Services primarily for personal, family or household purposes, or outside his or her trade, business or profession, as defined by applicable law.

3. Structure of the Agreement

3.1 Documents That Form the Agreement

Your agreement with us consists of these Terms, any applicable Engagement Document, and the following policies, which are incorporated by reference:

our Privacy Policy;
our Refund and Cancellation Policy;
our Disclaimer;
our Platform Terms of Use, if you use the Platforms;
our Software License Notice, if you use our Software;
our Data Processing Agreement, where we process personal data on your behalf; and
any other policy published on our Websites that expressly states that it applies to the Services.

3.2 Order of Precedence

If there is a conflict between these documents, the following order of precedence applies, from highest to lowest: (a) a separately signed master services agreement, if any; (b) the Data Processing Agreement, with respect to the processing of personal data; (c) the specific Engagement Document, only with respect to the engagement it covers and only where it expressly states that it overrides these Terms; (d) these Terms; (e) the Platform Terms of Use, with respect to the Platforms; and (f) our other policies.

3.3 Your Own Terms

Any terms contained in your purchase orders, vendor portals, invoicing systems or similar documents do not apply to our relationship and are rejected, even if we accept or process such documents for administrative purposes, unless we expressly agree to them in a document signed by an authorized representative of Aomark Digital.

4. Eligibility

To use our Services, you must be at least 18 years old or the age of majority in your jurisdiction, and legally able to enter into a binding contract. You may not use our Websites or Services if:

you are located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S. sanctions;
you are, or are owned or controlled by, a person listed on a U.S. government restricted-party list, including the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”);
your business or intended use falls within the prohibited categories described in Section 15; or
we have previously suspended or terminated your access for breach of these Terms.

We may request information to verify your identity, business details or eligibility before starting or continuing an engagement, including information required by our payment processors and banking partners. We may decline any engagement at our sole discretion, including where we cannot complete verification.

5. Use of the Websites

5.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Websites for lawful purposes, including to learn about our Services, read our content and contact us. All content on the Websites, including text, graphics, logos, designs, case studies, articles, guides, resources and code, is owned by us or our licensors and is protected by intellectual property laws.

5.2 Prohibited Uses

When using the Websites, you must not:

copy, reproduce, republish, sell or commercially exploit Website content without our written permission, except for brief quotations with attribution or as permitted by law;
use automated means, including bots, scrapers or crawlers, to access or extract data from the Websites in a way that burdens our systems or circumvents access restrictions, except for search engine indexing in accordance with our robots.txt file;
attempt to gain unauthorized access to the Websites, Platforms, servers or networks, or probe, scan or test their vulnerability without our written permission;
introduce viruses, malware or other harmful code;
interfere with or disrupt the operation of the Websites;
submit false, misleading or fraudulent information, including through contact forms;
impersonate any person or entity or misrepresent your affiliation with any person or entity; or
use the Websites in violation of any applicable law or regulation.

5.3 Website Content

Blog posts, guides, resources, templates, case studies and other Website content are provided for general informational purposes only. They do not constitute professional, legal, financial or tax advice, and results described in case studies reflect specific circumstances that may not be repeated. Please see our Disclaimer for more information.

6. Services

6.1 Engagement Process

Each engagement begins with an Engagement Document that describes the scope, Deliverables, fees, payment schedule, timelines and any engagement-specific terms. An Engagement Document becomes binding when it is accepted by both parties, which may occur by signature, electronic acceptance, written confirmation by email, completion of an online order, or payment of the first invoice or deposit. Unless otherwise stated, quotes and Proposals are valid for 30 days from the date they are issued.

6.2 Scope of Services

We will provide the Services described in the applicable Engagement Document. Any work not expressly described in the Engagement Document is outside the scope of the engagement. Reasonable consultation incidental to the agreed Services is included, but additional features, pages, campaigns, revisions beyond the agreed number, platforms, integrations or deliverables are not included unless agreed in writing.

6.3 Change Requests

Either party may request changes to the scope, Deliverables or timelines. Changes become binding only when agreed in writing, including by email, and may result in adjusted fees and timelines. We will provide an estimate of the effect of a requested change before performing out-of-scope work. Unless otherwise agreed, out-of-scope work is billed at the hourly rate stated in the Engagement Document or, if none is stated, at our then-current standard rate communicated to you in advance.

6.4 Timelines

Timelines in Engagement Documents are good-faith estimates based on the information available when they were prepared and on timely cooperation from the Client. Unless an Engagement Document expressly states that a date is a fixed deadline, timelines are not guaranteed. Timelines are automatically extended for delays caused by the Client, third parties, third-party platforms or events described in Section 23 (Force Majeure).

6.5 Personnel and Subcontractors

We decide which personnel perform the Services and how the work is carried out. We may use employees, independent contractors, subcontractors and service providers to perform the Services, provided that they are bound by confidentiality obligations no less protective than those in these Terms. We remain responsible for work performed by our subcontractors under an Engagement Document.

6.6 Tools and Methods

We may use our own Platforms, Software, internal workflows and third-party tools, including automated and artificial intelligence tools, to perform the Services. Use of these tools does not transfer any ownership in them to the Client. Where we use automated or artificial intelligence tools to produce content, that content is reviewed by our personnel before delivery, and final approval of published content remains the Client’s responsibility as described in Section 8.

7. Service-Specific Terms

The following terms apply in addition to the rest of these Terms when you purchase the relevant Service.

7.1 Search Engine Optimization (SEO)

SEO results depend on factors outside our control, including search engine algorithms, competition, website history, technical infrastructure, content and changes made by the Client or third parties. We do not guarantee specific rankings, traffic, leads, sales or timeframes.
Search engines may change their algorithms, ranking factors or policies at any time without notice, which may affect performance positively or negatively.
SEO improvements typically require sustained work over several months. Short-term fluctuations are normal and do not in themselves indicate a failure to perform the Services.
If the Client or a third party makes changes to the website, content, hosting, domain or technical setup without consulting us, we are not responsible for any resulting loss of visibility or performance.
Where we recommend changes that the Client must implement or approve, we are not responsible for the consequences of recommendations that are not implemented or are implemented incorrectly by others.

7.2 Link Building and Content Placements

Independent Publishers. Placements are published on websites owned and operated by independent Publishers. We do not own or control these websites. Publishers retain editorial control, including the right to edit, reject, reformat or apply link attributes to content in line with their own policies.
Search engine policies. Google and other search engines publish guidelines on links, including policies regarding links obtained in exchange for payment. Search engines may ignore, devalue or take action in respect of links they consider to violate their policies. By ordering link building Services, you acknowledge that you have been informed of this risk, that you make the decision to purchase such Services independently, and that we are not liable for any ranking loss, manual action, penalty or de-indexing that may result.
Link attributes and disclosures. Publishers may apply “nofollow,” “sponsored” or similar attributes or disclosure labels to content or links, either at their own discretion or because it is required by law, including advertising disclosure rules such as those of the U.S. Federal Trade Commission. We will not ask Publishers to remove disclosures that are required by law, and you must not ask us or Publishers to do so.
No guarantees. We do not guarantee indexing of placed content, rankings, traffic, referral visits, metrics reported by third-party tools (such as domain authority or domain rating), or the continued existence of a Publisher website. Third-party metrics are estimates made by independent providers and may change at any time.
Content and anchors. You are responsible for ensuring that target URLs, anchor text and any content you provide or approve are lawful, accurate and not misleading, and that they do not infringe third-party rights. We and Publishers may reject content or anchors that we or they consider unlawful, misleading, harmful or in breach of Publisher guidelines.
Reporting. We will provide reporting that identifies each completed placement, including the live URL. Placements are considered delivered when the content is published and the URL is reported to you.
Removal and replacement. Replacement, credit and refund rules for placements that are removed or materially altered after publication are set out in our Refund and Cancellation Policy.
Prohibited niches. We do not arrange placements for the categories described in Section 15, and Publishers may decline additional categories under their own policies.

7.3 Web Development

Specifications. Websites are built according to the specifications, designs and functionality described in the Engagement Document. Features not described are not included.
Revisions. Each Engagement Document states the number of revision rounds included. Additional revisions are treated as change requests under Section 6.3.
Approvals and acceptance. We will submit designs, milestones and completed Deliverables for your review. You must either approve them or provide a written list of specific, reasonable corrections within 10 Business Days of submission. If you do not respond within that period, or if you use the Deliverable in a live production environment, the Deliverable is deemed accepted.
Launch. We will launch or hand over the website after full payment of all amounts due for the relevant engagement, unless otherwise agreed in writing.
Post-launch support. Unless the Engagement Document provides otherwise, we will correct defects in the code we wrote that cause the website to fail to perform materially in accordance with the agreed specifications, if you report them in writing within 30 days after launch or handover. This does not cover issues caused by changes made by you or third parties, third-party plugins, themes or services, hosting environments, browser or platform updates after launch, or new feature requests. Ongoing maintenance, updates, backups and security monitoring are provided only under a separate maintenance Engagement Document.
Hosting and domains. Unless otherwise agreed, you are responsible for procuring and paying for hosting, domain registration, SSL certificates, premium plugins, themes and other third-party services, and we recommend that they be registered in your name. If we procure them on your behalf, they will be registered in your name wherever possible, and their costs are payable by you.
Compatibility. We develop websites to work on current major versions of commonly used browsers and devices at the time of development. We do not guarantee compatibility with outdated or uncommon browsers or future versions.
Content and legal compliance. You are responsible for the accuracy and legality of website content, product information, pricing, legal pages, cookie consent configuration and other regulatory requirements applicable to your business. Accessibility conformance to a particular standard, such as WCAG, is included only if expressly stated in the Engagement Document.
Backups. You are responsible for maintaining your own backups of your website and data unless backup services are expressly included in an Engagement Document.

7.4 Paid Advertising

Account ownership. Advertising accounts (such as Google Ads and Meta Ads Manager accounts) should be owned by the Client, with access granted to us. Where we create an account for you, we will create it in your name or transfer ownership to you on request, subject to the rules of the relevant platform.
Advertising spend. Advertising spend is paid directly by the Client to the advertising platform using the Client’s own payment method. Our fees for managing campaigns are separate from and in addition to advertising spend. We do not collect, hold or transmit advertising budgets on behalf of Clients.
Platform control. Advertising platforms control ad approvals, account reviews, suspensions, policy enforcement, auctions, pricing and delivery. We are not responsible for disapproved ads, account restrictions or suspensions, changes in advertising costs, or platform errors, although we will reasonably assist you in resolving such issues within the scope of the Services.
Ad content and claims. You are responsible for ensuring that your products, services, landing pages, offers and advertising claims are lawful, truthful, substantiated and compliant with the policies of the advertising platforms and applicable advertising, consumer protection and privacy laws. We may refuse to run advertising that we reasonably believe is unlawful, misleading or in breach of platform policies.
Tracking and consent. You are responsible for maintaining a lawful basis and any consent required for tracking technologies, pixels and conversion tracking on your websites, including a compliant cookie consent solution where required.
Budget control. We will manage campaigns within the budgets you approve. Advertising platforms may occasionally deliver spend above daily budgets within their own rules, and such variances are governed by the platform’s terms.
Results. We do not guarantee any particular return on advertising spend, cost per acquisition, conversion rate, lead volume or sales.

7.5 Email Marketing

Lawful lists. You represent and warrant that all email addresses and contact data you provide or instruct us to use were collected lawfully and that recipients have given any consent required by applicable law, including the U.S. CAN-SPAM Act, Canada’s Anti-Spam Legislation (CASL), the GDPR, the UK GDPR and applicable electronic marketing rules.
Prohibited lists. We will not send campaigns to purchased, rented, scraped or harvested lists, and you must not provide such lists to us.
Required elements. Every commercial email must identify the sender, include a valid physical postal address and provide a functioning unsubscribe mechanism. Unsubscribe requests must be honored within the time required by law.
Platform ownership. Email service provider accounts should be owned by the Client. You are responsible for the costs of those platforms and for complying with their terms.
Deliverability. Email deliverability depends on factors outside our control, including mailbox provider filtering, sender reputation and list quality. We do not guarantee inbox placement, open rates, click-through rates or conversions.
Approval. You are responsible for reviewing and approving campaign content, offers and recipient segments before sending.

7.6 Analytics and Automation

Analytics and automation Services rely on third-party platforms, APIs and integrations that may change, limit access, update pricing or be discontinued at any time. We are not responsible for disruptions caused by such changes, although we will make reasonable efforts to adapt within the scope of the Services.
Analytics data is subject to limitations, including consent choices, ad blockers, sampling, modeling, attribution methods and platform discrepancies. Reports are provided for business decision support and may not be complete or exact.
You are responsible for reviewing automated workflows before they go live and for monitoring their outputs. We are not liable for decisions made on the basis of reports or automated outputs, or for data loss in third-party systems outside our control.
Where automation involves personal data, you are responsible for ensuring a lawful basis for processing and our Data Processing Agreement applies.

7.7 Platforms and Software

Use of the Platforms is governed by our Platform Terms of Use. Use of our Software is governed by the license under which it is distributed, as stated in our Software License Notice. If there is a conflict between these Terms and those documents with respect to the Platforms or Software, those documents prevail.

8. Client Responsibilities

The quality and timeliness of the Services depend on your cooperation. You agree to:

provide accurate, complete and timely information, Client Materials, access, approvals and feedback as reasonably requested;
designate a primary contact authorized to make decisions and approve work on your behalf;
grant access to your systems through user invitations or role-based permissions where possible, and revoke access when the Services end;
ensure that you own or have the necessary rights to all Client Materials and that our use of them in accordance with your instructions will not infringe third-party rights or violate any law;
ensure that your business, products, services, websites and marketing claims comply with all applicable laws and regulations, including advertising, consumer protection, privacy, industry-specific and licensing requirements;
review all content, Deliverables and campaigns before publication or launch and ensure they are accurate and appropriate for your business;
maintain backups of your websites, data and content;
pay all fees when due; and
communicate with our personnel respectfully and professionally.

Client delays. If you do not provide required information, access, materials, approvals or payment in a timely manner, we may extend timelines accordingly and are not responsible for the resulting delays. If an engagement remains on hold due to your inaction for more than 30 consecutive days, we may pause the engagement and reallocate resources. If it remains on hold for more than 60 consecutive days, we may treat the engagement as completed, invoice for all work performed and costs incurred up to that date, and require a new Engagement Document to resume work.

9. Fees, Invoicing and Payment

9.1 Fees

Fees for the Services are set out in the applicable Engagement Document or on our Websites at the time of the order. Unless otherwise stated, all fees are quoted and payable in U.S. dollars (USD).

9.2 Billing Models

Unless the applicable Engagement Document provides otherwise, the following billing models apply:

Fixed-scope projects (such as web development, website redesigns, technical audits and set-up projects): a deposit of 50% of the project fee is payable before work begins. The remaining balance is payable in accordance with the milestones set out in the Engagement Document, and in any case in full before launch, handover or transfer of final Deliverables.
Monthly retainers (such as ongoing SEO, paid advertising management, email marketing, analytics and automation support): fees are billed monthly in advance at the start of each billing period. Retainers continue on a monthly basis until cancelled in accordance with Section 10.
One-time orders (such as link placements, content packages, audits and other fixed-price orders): 100% of the order price is payable in advance before work begins.
Hourly and out-of-scope work: billed at the agreed hourly rate, either in advance based on an approved estimate or in arrears based on time records, as stated in the Engagement Document.
Platform subscriptions: billed in accordance with the Platform Terms of Use and the plan you select.

9.3 Accepted Payment Methods

We accept the following payment methods:

Credit and debit cards, processed securely through Stripe;
ACH transfers to our U.S. business bank account; and
Wire transfers to our U.S. business bank account.

Bank details for ACH and wire transfers are provided only on our official invoices or directly by our authorized personnel. We will never change our bank details by email alone. If you receive a message asking you to pay to different bank details, do not make the payment and contact us immediately at contact@aomarkdigital.com to verify it. We are not responsible for payments sent to incorrect accounts as a result of instructions that did not come from us.

9.4 Invoices and Due Dates

Unless otherwise stated in the Engagement Document, invoices are due within 7 days of the invoice date. Deposits and advance payments must be received before work begins. An invoice is considered paid only when the full invoiced amount has been received in cleared funds.

9.5 Recurring Payment Authorization

If you choose to pay recurring fees, such as monthly retainers, by card through Stripe, you authorize us to charge the payment method you provide for each billing period, in the amount stated in the Engagement Document, on or around the same date each period until the Services are cancelled in accordance with Section 10. Before the first recurring charge, we will confirm the amount, frequency and cancellation method. Where applicable law requires, we will send you a reminder before a renewal or a price change. You may cancel future recurring charges by giving notice as described in Section 10. Charges will appear on your statement under a descriptor that identifies Aomark Digital.

9.6 Transaction and Bank Fees

We do not add surcharges to card payments. For ACH and wire transfers, you are responsible for all fees charged by your bank and any intermediary banks, so that we receive the full invoiced amount. If a transfer arrives with a shortfall due to such fees, the shortfall will be added to your next invoice or must be paid separately.

9.7 Taxes

Fees are exclusive of all taxes, duties and similar governmental charges, including sales, use, value-added, goods and services and withholding taxes, except taxes based on our net income. You are responsible for paying all such taxes that apply to your purchase. If you are a business located outside the United States, you are responsible for accounting for any value-added or similar tax under the reverse-charge mechanism or other rules applicable in your jurisdiction. If you are required by law to withhold any tax from a payment, you must increase the payment so that we receive the amount we would have received without the withholding, unless otherwise agreed in writing.

9.8 Third-Party Costs

Unless expressly included in the fees, third-party costs such as advertising spend, hosting, domains, premium plugins, themes, software subscriptions, stock media and paid tools are your responsibility. Where we purchase third-party products or services for you at your request, we will obtain your approval in advance and invoice you for the cost, which must be paid before we make the purchase.

9.9 Price Changes

We may change our prices for future orders at any time. For ongoing retainers and subscriptions, we will give you at least 30 days’ written notice before a price change takes effect. If you do not agree with the change, you may cancel before it takes effect in accordance with Section 10. Prices for accepted Engagement Documents for fixed-scope projects will not change unless the scope changes.

9.10 Late Payment

If any amount is not paid when due, we may, after giving you written notice:

suspend the Services, work in progress and access to Deliverables and Platform features until all overdue amounts are paid, and timelines will be extended accordingly;
charge interest on overdue amounts at the lower of 1% per month or the maximum rate permitted by law, from the due date until the date of payment; and
recover reasonable costs of collection, including collection agency and legal fees, to the extent permitted by law.

Suspension for non-payment does not relieve you of your obligation to pay fees for the relevant period. If any amount remains unpaid for more than 30 days after its due date, we may terminate the affected engagement in accordance with Section 10.

9.11 Invoice Disputes

If you believe an invoice is incorrect, you must notify us in writing at contact@aomarkdigital.com within 15 days of the invoice date, explaining the reason in reasonable detail. Both parties will work in good faith to resolve the dispute promptly. You must pay any undisputed portion of the invoice by the due date. Invoices not disputed within this period are deemed accepted, except in the case of manifest errors or where applicable law provides otherwise.

9.12 Refunds

Refunds, cancellations, credits and replacements are governed by our Refund and Cancellation Policy, which forms part of these Terms. Approved refunds are issued to the original payment method where possible. Refunds of card payments are processed through Stripe. Refunds of ACH or wire payments are sent by bank transfer to the account from which the payment was received, after verification of the account details.

9.13 Chargebacks and Payment Disputes

If you have a concern about a charge, please contact us first at contact@aomarkdigital.com so that we can try to resolve it quickly. Most billing issues can be resolved directly and faster than through a payment dispute.

If you initiate a chargeback or payment dispute with your card issuer or bank:

we may respond by providing the relevant evidence to our payment processor or your bank, including your Engagement Document, acceptance of these Terms, communications, delivery records, reports, access logs and Deliverables;
we may suspend the Services, work in progress and Platform access related to the disputed payment while the dispute is pending;
if the dispute is resolved in our favor, or if the Services were provided as agreed, you remain liable for the disputed amount and, to the extent permitted by law, for reasonable dispute fees charged to us; and
if a dispute is found to be unfounded, we may terminate the relationship and decline future engagements.

Nothing in this Section limits any rights you may have under applicable law or card network rules to dispute a charge that was unauthorized or for services that were not provided.

10. Term, Cancellation and Termination

10.1 Term

These Terms apply from the moment you first accept them and remain in effect for as long as you use the Websites or receive Services. Each Engagement Document remains in effect until the Services under it are completed, it expires in accordance with its terms, or it is terminated as described below.

10.2 Cancellation of Monthly Retainers

Unless an Engagement Document specifies a minimum initial term, either party may cancel a monthly retainer by giving at least 30 days’ written notice by email. If the Engagement Document specifies a minimum initial term, cancellation will take effect at the end of that term, or at the end of the 30-day notice period if later. Fees for the notice period remain payable, and we will continue to provide the Services during that period. Cancellation takes effect at the end of the billing period in which the notice period expires, and no further recurring charges will be made after that date.

10.3 Cancellation of Projects and One-Time Orders

You may cancel a fixed-scope project or one-time order by written notice at any time. In that case, you must pay for all work performed and all non-cancellable costs incurred up to the effective date of cancellation, including third-party costs committed on your behalf. Whether any prepaid amount is refundable, and in what amount, is determined by our Refund and Cancellation Policy.

10.4 Termination for Cause

Either party may terminate an Engagement Document or these Terms with immediate effect by written notice if the other party:

materially breaches these Terms or an Engagement Document and fails to cure the breach within 15 days after receiving written notice describing it; or
becomes insolvent, makes an assignment for the benefit of creditors, has a receiver appointed, or is subject to bankruptcy or similar proceedings that are not dismissed within 60 days.

10.5 Suspension or Termination by Us

We may suspend or terminate the Services immediately by written notice, without a cure period, if:

you fail to pay any amount for more than 30 days after its due date;
you initiate an unfounded chargeback or payment dispute;
we reasonably believe that continuing the Services would violate applicable law, sanctions regulations, the rules of our payment processors or banking partners, or third-party platform policies;
your business, content or instructions fall within the prohibited categories described in Section 15;
you provide false or misleading information to us, including during verification; or
you or your representatives engage in abusive, threatening or harassing conduct toward our personnel.

10.6 Effect of Termination

Upon termination or cancellation for any reason:

all unpaid fees for Services performed and costs incurred up to the effective date become immediately due;
we will deliver completed Deliverables for which you have paid in full, in their current state, on written request made within 30 days;
licenses and ownership rights in Deliverables transfer only to the extent the related fees have been paid in full;
each party will return or delete the other party’s confidential information in accordance with Section 12, except where retention is required by law or permitted under our Privacy Policy;
you are responsible for revoking our access to your systems and accounts, and we will cease using any remaining access; and
the provisions that by their nature should survive termination will survive, including Sections 9, 11, 12, 16, 17, 18, 19, 20, 21, 22 and 29.

11. Intellectual Property

11.1 Client Materials

You retain all rights in your Client Materials. You grant us a non-exclusive, worldwide, royalty-free license to use, copy, modify, display and distribute Client Materials solely as necessary to perform the Services and exercise our rights under these Terms. You represent and warrant that you have all rights necessary to grant this license.

11.2 Deliverables

Upon full payment of all fees due under the relevant Engagement Document, we assign to you all of our right, title and interest in the final Deliverables that we created specifically for you under that Engagement Document, excluding Pre-Existing Materials and Third-Party Materials. Until full payment is received, all rights in the Deliverables remain with us and you may not use them, except as necessary to review them.

11.3 Pre-Existing Materials

We retain all rights in our Pre-Existing Materials, including our Platforms, Software, templates, frameworks, code libraries, methods and know-how. To the extent Pre-Existing Materials are incorporated into Deliverables, we grant you, upon full payment, a non-exclusive, perpetual, worldwide, royalty-free license to use them as part of those Deliverables for your internal business purposes. You may not extract, resell or distribute Pre-Existing Materials separately from the Deliverables.

11.4 Third-Party Materials

Deliverables may include Third-Party Materials, such as WordPress, open-source software, plugins, themes, fonts and stock media. Third-Party Materials are licensed to you directly by their owners under their own license terms, which you must comply with. We do not grant any rights in Third-Party Materials and make no warranties about them. Where a Third-Party Material requires a paid license, the cost is your responsibility unless expressly included in the fees.

11.5 Working Files and Accounts

Unless the Engagement Document provides otherwise, the Deliverables do not include working files, source design files, internal documentation, research or tools used to create the Deliverables. Accounts and assets that you own, such as domains, hosting accounts, advertising accounts, analytics properties and email platforms, remain your property. You are responsible for maintaining administrative control of them.

11.6 Portfolio and Case Studies

Unless you notify us otherwise in writing, we may identify you as a client and display your name, logo and non-confidential descriptions or images of the Deliverables on our Websites, in case studies and in marketing materials. We will not publish your confidential information or specific performance data without your prior consent. You may withdraw this permission at any time by notifying us in writing, and we will remove the relevant materials from our Websites within a reasonable time.

11.7 Feedback

If you provide suggestions or feedback about our Services, Platforms or Software, we may use them without restriction or obligation to you.

12. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that is marked as confidential or should reasonably be understood to be confidential, including business plans, pricing, strategies, performance data, access credentials, customer information and technical information. Confidential Information does not include information that: (a) is or becomes public through no fault of the receiving party; (b) was lawfully known to the receiving party before disclosure; (c) is lawfully received from a third party without a duty of confidentiality; or (d) is independently developed without use of the disclosing party’s Confidential Information.

Each party will: use the other party’s Confidential Information only to perform its obligations or exercise its rights under these Terms; protect it with at least reasonable care; and disclose it only to its personnel, contractors and advisers who need to know it and are bound by confidentiality obligations. A party may disclose Confidential Information when required by law or legal process, provided that, where legally permitted, it gives the other party prompt notice and reasonable assistance to seek protective treatment.

These obligations continue for three years after the end of the relationship, and indefinitely for access credentials, personal data and trade secrets. Upon written request after the relationship ends, each party will return or delete the other party’s Confidential Information, except for copies retained in backups, records required by law, or for the purpose of establishing or defending legal claims, which remain subject to this Section.

13. Data Protection

Our collection and use of personal data as a controller is described in our Privacy Policy. Where we process personal data on your behalf in performing the Services, such as customer lists, CRM data, lead data, website user data or analytics data, we act as your processor or service provider, and our Data Processing Agreement applies and forms part of these Terms. You are responsible for ensuring that you have a lawful basis for that processing, that you have given the required notices and obtained any required consents, and that your instructions to us comply with applicable law. You must not provide us with sensitive personal data unless it is strictly necessary for the Services and we have agreed in writing to process it.

14. Third-Party Platforms and Services

The Services often rely on third-party platforms and services, including search engines, advertising platforms, social networks, content management systems, hosting providers, email service providers, analytics tools, APIs and Publisher websites. These third parties are not our subcontractors, and we do not control them. Your use of them is subject to their own terms and policies.

We are not responsible for, and will not be liable for, the acts, omissions, policies, pricing, availability, algorithm changes, policy enforcement, account suspensions, data practices, outages or discontinuation of third-party platforms and services. If a change by a third party materially affects the Services, we will inform you and propose reasonable adjustments to the scope or approach.

15. Prohibited Clients, Content and Uses

To comply with applicable law and the requirements of our payment processors and banking partners, we do not provide Services, arrange placements or create content for businesses, products or activities that are illegal or that involve:

illegal drugs, drug paraphernalia, controlled substances sold without required authorization, or products making unlawful health or medical claims;
unlicensed gambling, lotteries or betting;
adult content, sexual services or sexually explicit material;
weapons, ammunition, explosives or their components, where the sale or promotion is unlawful or restricted;
counterfeit, stolen or infringing goods, or services that facilitate intellectual property infringement;
fraud, deceptive practices, pyramid or multi-level marketing schemes, get-rich-quick schemes or misleading financial promises;
unlicensed financial, investment, money transmission, cryptocurrency or lending services;
hate speech, harassment, violence, extremism or discrimination;
malware, hacking, phishing, spam or unauthorized data collection;
the sale of personal data without a lawful basis;
persons, entities or jurisdictions subject to sanctions; or
any other business or activity that our payment processors or banking partners do not permit.

You must not use the Services, Deliverables, Platforms or Software for any of these purposes or in breach of any law. We may decline, suspend or terminate any engagement that we reasonably believe falls within these categories. We may also decline industries or content that we consider to pose a legal, reputational or compliance risk, at our discretion.

16. No Guarantee of Results

Digital marketing outcomes depend on many factors outside our control, including search engine algorithms, advertising auctions, market conditions, competition, the Client’s products, pricing, website, reputation and sales process, and decisions of third parties. Accordingly, except as expressly stated in an Engagement Document, we do not guarantee any specific result, including rankings, traffic, leads, conversions, sales, revenue, return on investment, return on advertising spend, indexing, placement permanence, email deliverability or third-party metrics. Any forecasts, estimates or projections we provide are for planning purposes only and are not promises. Please see our Disclaimer for more information.

17. Warranties and Disclaimers

17.1 Our Warranty

We warrant that we will perform the Services in a professional and workmanlike manner, using reasonable skill and care consistent with generally accepted industry standards. If you believe we have breached this warranty, you must notify us in writing within 30 days after the relevant Services were performed or the relevant Deliverable was delivered, describing the issue in reasonable detail. Your sole and exclusive remedy, and our sole obligation, for breach of this warranty is for us to re-perform the non-conforming Services at no additional charge or, if we are unable to do so within a reasonable time, to refund the fees paid for the non-conforming portion of the Services.

17.2 Mutual Warranties

Each party represents and warrants that it has the legal power and authority to enter into these Terms and that it will comply with all laws applicable to its performance under these Terms.

17.3 Disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITES, SERVICES, DELIVERABLES, PLATFORMS AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE WEBSITES, PLATFORMS OR DELIVERABLES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THEY WILL MEET ALL OF YOUR REQUIREMENTS.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply only to the extent permitted by law.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR ANTICIPATED SAVINGS, OR LOSS RESULTING FROM SEARCH ENGINE RANKING CHANGES, PENALTIES, ADVERTISING ACCOUNT SUSPENSIONS OR BUSINESS INTERRUPTION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, THE WEBSITES AND ANY ENGAGEMENT DOCUMENT WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO US UNDER THE ENGAGEMENT DOCUMENT GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, FOR FIXED-SCOPE PROJECTS AND ONE-TIME ORDERS, THE FEES ACTUALLY PAID FOR THAT PROJECT OR ORDER.
THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The limitations in this Section do not apply to: (a) your obligations to pay fees; (b) a party’s indemnification obligations under Section 19; (c) a party’s liability for fraud, gross negligence or willful misconduct; or (d) any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence and, for Consumers, liability that cannot be limited under mandatory consumer protection laws.

19. Indemnification

19.1 Your Indemnification

You will defend, indemnify and hold harmless Aomark Digital and its members, managers, employees, contractors and agents from and against all third-party claims, and related losses, damages, fines, penalties, costs and reasonable legal fees, arising out of or relating to:

Client Materials, including any claim that they infringe or misappropriate third-party rights;
your products, services, websites, offers, advertising claims and business practices;
content, anchors, campaigns or other materials that you provided, requested or approved;
your breach of these Terms, an Engagement Document or applicable law, including privacy, email marketing, advertising and consumer protection laws;
your use of personal data or instructions you gave us regarding personal data; or
your use of the Deliverables after delivery, including modifications made by you or third parties.

19.2 Our Indemnification

We will defend and indemnify you against third-party claims alleging that original Deliverables created by us for you, excluding Client Materials, Pre-Existing Materials licensed from third parties and Third-Party Materials, infringe a third party’s copyright or misappropriate its trade secret. This obligation does not apply to claims arising from modifications not made by us, combinations with materials not provided by us, use contrary to our instructions or these Terms, or content made at your specific request. If such a claim is made or appears likely, we may, at our option, obtain the right for you to continue using the Deliverable, modify it so that it is non-infringing, or remove it and refund the fees paid for the affected portion. Our obligations under this Section are subject to the liability cap in Section 18 and state our entire liability for intellectual property infringement claims.

19.3 Procedure

The indemnified party must promptly notify the indemnifying party in writing of the claim, allow the indemnifying party to control the defense and settlement, and provide reasonable cooperation at the indemnifying party’s expense. The indemnifying party may not settle a claim in a way that imposes any obligation or admission of liability on the indemnified party without its prior written consent, which may not be unreasonably withheld.

20. Non-Solicitation

During an engagement and for 12 months after it ends, Clients acting in a business capacity will not directly or indirectly solicit for employment or engagement any of our employees or contractors who performed Services for them, without our prior written consent. General job advertisements not specifically targeted at our personnel are not a breach of this Section. This Section does not apply to Consumers and applies only to the extent permitted by applicable law.

21. Dispute Resolution and Binding Arbitration

21.1 Informal Resolution

Before starting arbitration or any other proceeding, the party raising a dispute must send the other party a written notice describing the dispute and the relief sought. Notices to us must be sent to contact@aomarkdigital.com. The parties will attempt in good faith to resolve the dispute informally for 30 days after the notice is received. This process is a condition precedent to starting arbitration, except for claims for urgent injunctive relief.

21.2 Agreement to Arbitrate

If the dispute is not resolved informally, any dispute, claim or controversy arising out of or relating to these Terms, the Websites, the Services, any Engagement Document or the relationship between the parties, including questions about the existence, validity, scope or enforceability of this arbitration agreement, will be finally resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”). Business disputes are governed by the AAA Commercial Arbitration Rules. Disputes with Consumers are governed by the AAA Consumer Arbitration Rules, which provide for consumer-protective limits on filing fees. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

21.3 Arbitration Procedure

The arbitration will be conducted by a single arbitrator.
The seat of arbitration is Sheridan, Wyoming, United States. Hearings may be conducted by videoconference or, for Consumers, in the county in which the Consumer resides, where the applicable AAA rules so provide.
The arbitration will be conducted in English.
The arbitrator may award any relief available in court on an individual basis, subject to the limitations in these Terms.
The arbitrator’s award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Except as required by law or to enforce an award, the parties will keep the arbitration and its outcome confidential.

21.4 Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY. If this class action waiver is found to be unenforceable with respect to a particular claim, that claim must be severed and heard in court in accordance with Section 22, and the remainder of this Section will continue to apply.

21.5 Exceptions

Despite the above, either party may: (a) bring an individual claim in a small claims court of competent jurisdiction, provided that the claim remains in that court and is not transferred, removed or appealed; and (b) seek temporary, preliminary or permanent injunctive relief in a court of competent jurisdiction to protect its intellectual property rights or Confidential Information or to prevent unauthorized use of the Websites, Platforms or Software. Seeking such relief does not waive the right to arbitrate.

21.6 Right to Opt Out

Consumers may opt out of this agreement to arbitrate by sending written notice to contact@aomarkdigital.com within 30 days after first accepting these Terms, stating their name, email address and a clear statement that they wish to opt out of arbitration. Opting out does not affect any other part of these Terms.

21.7 Consumers in the EEA, UK and Switzerland

If you are a Consumer residing in the European Economic Area, the United Kingdom or Switzerland, the agreement to arbitrate and the class action waiver in this Section do not apply to you to the extent that applicable mandatory law does not permit them. You may bring proceedings in the courts of your country of residence, and you retain the protection of the mandatory consumer protection laws of that country. You may also be able to use an alternative dispute resolution procedure available in your country.

21.8 Time Limit for Claims

To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one year after the claim arises, or it is permanently barred. This time limit does not apply to claims for unpaid fees or to Consumers where a longer mandatory period applies.

22. Governing Law and Venue

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules, and by the federal laws of the United States, including the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any matter that is not subject to arbitration, or for the enforcement of an arbitral award, the parties submit to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming, except that Consumers may also bring proceedings in the courts where they reside if applicable mandatory law so provides. Nothing in this Section deprives Consumers of the protection of mandatory laws of their country of residence.

23. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations, other than payment obligations, caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, sanctions, labor disputes, failures of utilities or telecommunications, internet or hosting outages, cyberattacks, and outages, policy changes or suspensions by third-party platforms. The affected party will notify the other party promptly and use reasonable efforts to resume performance. If the event continues for more than 30 days, either party may terminate the affected Engagement Document by written notice, and you will pay for Services performed up to the date of termination.

24. Consumer Rights

We provide our Services mainly to businesses, but we also accept orders from Consumers. If you are a Consumer, the following additional terms apply:

Mandatory rights. Nothing in these Terms excludes or limits any rights you have under mandatory consumer protection laws that apply to you. Where any provision of these Terms conflicts with such laws, those laws prevail to the extent of the conflict.
Right of withdrawal (EEA, UK and Switzerland). If you are a Consumer residing in the EEA or the UK, you may have the right to withdraw from a contract for Services within 14 days after it is concluded, without giving any reason. If you expressly ask us to begin performing the Services during the withdrawal period, you must pay a proportionate amount for the Services provided up to the time you notify us of your withdrawal. If the Services have been fully performed during the withdrawal period with your express prior consent and your acknowledgment that you will lose your right of withdrawal once the contract is fully performed, you will no longer have the right to withdraw. The same applies to digital content supplied with your express consent and acknowledgment. To exercise the right of withdrawal, send a clear written statement to contact@aomarkdigital.com before the withdrawal period expires. We will reimburse any amount due within 14 days after receiving your notice, using the same payment method you used, unless otherwise agreed.
Business-only terms. Sections 9.11 (deemed acceptance of invoices), 20 (Non-Solicitation) and 21.8 (Time Limit for Claims) apply to Consumers only to the extent permitted by law.

25. Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, fiduciary or employment relationship. Neither party has authority to bind the other or to make commitments on the other’s behalf, except that you authorize us to take actions within your accounts and systems that are necessary to perform the Services you have ordered.

26. Electronic Communications and Signatures

You agree that we may communicate with you electronically, including by email and through the Platforms, and that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing. You agree that electronic signatures, electronic acceptance, and acceptance by email or online checkout have the same legal effect as handwritten signatures, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Uniform Electronic Transactions Act as adopted in Wyoming.

27. Notices

Notices to us must be sent by email to contact@aomarkdigital.com or by mail to Aomark Digital LLC, 75 E 3rd St, Sheridan, WY 82801, United States. Notices to you will be sent to the email address associated with your engagement or account. Email notices are deemed received on the next Business Day after they are sent, unless the sender receives a notice that delivery has failed. Operational communications about the Services may be sent through the usual channels agreed with your primary contact.

28. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on our Websites with a new Effective Date. If we make material changes, we will notify active Clients by email at least 30 days before they take effect. Changes will not apply retroactively. Unless you agree otherwise, Engagement Documents already accepted will continue to be governed by the version of these Terms in effect when they were accepted until they are completed or renewed, except for changes required by law. Your continued use of the Websites or acceptance of new Engagement Documents after the effective date of an update constitutes acceptance of the updated Terms.

29. General Provisions

Entire agreement. These Terms, together with the documents referred to in Section 3, constitute the entire agreement between the parties regarding their subject matter and supersede all prior or contemporaneous understandings, proposals and communications, whether written or oral.
Assignment. You may not assign or transfer these Terms or any Engagement Document without our prior written consent. We may assign these Terms and any Engagement Document to an affiliate or to a successor in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, with notice to you. Any attempted assignment in breach of this provision is void.
Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force and effect.
No waiver. A failure or delay in enforcing any right or provision of these Terms is not a waiver of that right or provision.
No third-party beneficiaries. These Terms do not confer any rights on any third party, except for the indemnified persons referred to in Section 19.
Export and sanctions compliance. Each party will comply with applicable U.S. export control and sanctions laws. You will not use, export or re-export the Services, Deliverables, Platforms or Software in breach of those laws.
Language. These Terms are drafted in English. If they are translated, the English version prevails in the event of any inconsistency, except where mandatory law requires otherwise.
Headings. Headings are for convenience only and do not affect interpretation. The words “including” and “include” mean “including without limitation.”
Survival. Any provision that by its nature should survive the termination of these Terms will survive.

30. Contact Us

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

Company Name: Aomark Digital LLC
Company Address: 75 E 3rd St, Sheridan, WY 82801, United States
Website: https://aomarkdigital.com/
Email: contact@aomarkdigital.com