Terms of Service

Last updated: December 23, 2025

Welcome to Marketial Agency (“Marketial,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, services, communications, and related offerings. By accessing our website or engaging our services, you agree to be bound by these Terms.

1. Services

Marketial Agency provides digital marketing, advertising, consulting, social media management, lead generation, website services, and related professional services. Specific services, deliverables, timelines, and fees are outlined in proposals, agreements, scopes of work, or invoices provided to clients.

We reserve the right to modify, suspend, or discontinue any part of our services at any time.

2. No Guarantees or Warranties

Marketial Agency does not guarantee specific results, including but not limited to:

  • Leads or conversions

  • Revenue increases

  • Advertising performance

  • Website traffic or engagement metrics

Marketing and website performance depend on factors beyond our control, including market conditions, competition, budgets, platform changes, and client responsiveness. All services are provided on an “as-is” and “as-available” basis.

3. Client Responsibilities

Clients agree to:

  • Provide accurate, complete, and lawful information

  • Ensure proper consent for any data, contact lists, or content provided

  • Respond promptly for approvals, feedback, or access requests

  • Comply with applicable laws, regulations, and platform policies

Marketial is not responsible for delays or issues caused by inaccurate information, lack of cooperation, or third-party platform changes.

4. Communications & SMS Consent

By submitting your contact information or engaging with our services, you consent to receive communications from Marketial Agency, including emails, phone calls, and SMS messages related to your inquiry, account, or services.

  • Message frequency may vary

  • Message and data rates may apply

You may opt out of SMS messages at any time by replying STOP, or request help by replying HELP. Consent is not a condition of purchase.

5. Website as a Service (WAAS) & Other Services Agreement

5.1 Monthly Service Basis

Marketial offers WAAS and related services on a monthly subscription basis, including website design, development, hosting, updates, maintenance, performance improvements, and related services as defined in the client agreement.

Billing occurs monthly unless otherwise stated in writing.

5.2 Ownership & Access

Unless explicitly stated otherwise in writing:

  • Marketial retains ownership of the website framework, structure, and underlying systems during the active WAAS subscription.

  • Client access is provided for content use and approved updates while services remain active.

5.3 Cancellation and Early Termination Policy

Marketial Agency services are provided under a fixed-term contract as specified in the signed agreement (e.g., 2 years).

Clients may request cancellation at any time, but agree to:

  1. Pay for all upfront fees for services already performed.

  2. Pay the cancellation fee, representing remaining fees necessary to fulfill the terms and duration of the signed contract.

Cancellation stops future billing only; it does not relieve the client of financial obligations outlined in the signed agreement. Marketial reserves the right to suspend or remove access to services, websites, or related deliverables upon cancellation or non-payment.

6. Payments & Fees

Fees, billing schedules, and payment terms are outlined in proposals, agreements, or invoices. Unless otherwise stated:

  • All payments for services rendered are non-refundable

  • Late payments may result in service suspension

  • Deliverables may be withheld for unpaid balances

7. Intellectual Property

All strategies, designs, templates, copy, frameworks, systems, and materials created by Marketial remain the intellectual property of Marketial unless otherwise agreed in writing. Clients may not reproduce, resell, distribute, or reuse materials outside the scope of services without prior written permission.

8. Confidentiality

Both parties agree to maintain the confidentiality of proprietary or sensitive information shared during services, except where disclosure is required by law.

9. Limitation of Liability

To the fullest extent permitted by law, Marketial shall not be liable for:

  • Indirect, incidental, or consequential damages

  • Loss of profits, data, or business opportunities

  • Actions taken based on marketing or website recommendations

Marketial’s total liability shall not exceed the amount paid by the client for services in the three (3) months preceding the claim.

10. Third-Party Platforms

Marketial may use or integrate with third-party platforms such as advertising networks, CRMs, analytics tools, hosting providers, or software services. We are not responsible for outages, policy changes, or performance issues caused by these third parties.

11. Termination

Marketial reserves the right to terminate or suspend services for:

  • Violations of these Terms

  • Non-payment

  • Unlawful, unethical, or abusive behavior

  • Misuse of services or platforms

12. Governing Law

These Terms are governed by the laws of the State of Kentucky, United States, without regard to conflict of law principles.

13. Modifications to These Terms

Marketial may update these Terms at any time. Continued use of our website or services constitutes acceptance of the updated Terms.

14. Contact Information

Marketial LLC
Lexington, KY, United States
📧 info@marketial.com
🌐 https://marketialagency.com