Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the GTM37 website (https://www.gtm37.com) or any of our services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these Terms, you must not access or use our Services.

1.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

1.2 Business Use

Our Services are intended for business and commercial use. If you are using our Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

1.3 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last Updated" date and, where appropriate, by email notification. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.

2. Description of Services

GTM37 provides digital marketing services designed to help local service businesses succeed in AI-powered search environments. Our core services include:

2.1 AI-Ready Website Development

• Custom website design and development optimized for AI crawlers and search engines
• Progressive web applications with modern web technologies
• Performance optimization and technical SEO implementation
• Ongoing website maintenance and updates

2.2 Content Marketing Services

• Strategic content planning and creation
• Answer Engine Optimization (AEO) content development
• Blog post writing and publication
• Content distribution and promotion

2.3 Social Media Management

• Social media strategy development
• Content creation and scheduling
• Community management and engagement
• Social media analytics and reporting

2.4 Service Scope

The specific services provided to you will be outlined in your service agreement, proposal, or statement of work. Service details, deliverables, timelines, and pricing are customized for each client based on their specific needs and objectives.

2.5 Service Availability

We strive to maintain continuous availability of our Services but do not guarantee uninterrupted access. We may suspend or discontinue Services for maintenance, updates, or other legitimate business reasons with reasonable notice when possible.

3. User Accounts and Registration

Certain features of our Services may require you to create an account.

3.1 Account Creation

When creating an account, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. We recommend using a strong, unique password and enabling two-factor authentication where available. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or engaged in fraudulent, abusive, or illegal activity. You may terminate your account at any time by contacting us at info@gtm37.com.

4. Intellectual Property Rights

4.1 GTM37 Intellectual Property

All content, features, and functionality of our Services, including but not limited to:

• Text, graphics, logos, icons, images, and photographs
• Software, code, and technical implementations
• Website design, layout, and user interface
• Trademarks, service marks, and trade names
• Proprietary methodologies and processes

are owned by GTM37 or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes. This license does not include the right to:

• Modify, copy, distribute, or create derivative works from our content
• Reverse engineer, decompile, or disassemble any software or technology
• Use automated systems (bots, scrapers) to access our Services
• Remove, alter, or obscure any proprietary notices
• Use our intellectual property for commercial purposes without permission

4.3 Client Deliverables

For paid services, upon full payment, you will receive the rights specified in your service agreement to use deliverables we create specifically for you (such as custom website designs, content, or marketing materials). Unless otherwise specified in writing, GTM37 retains ownership of our proprietary methods, processes, and reusable components.

4.4 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to us regarding our Services become our property, and we may use them without any obligation or compensation to you.

5. User Content and Conduct

5.1 User Content

You may have the opportunity to submit content to our Services, including:

• Comments, reviews, or testimonials
• Business information and materials for marketing campaigns
• Photos, logos, or other media
• Communication with our team

5.2 Content License

By submitting content to our Services, you grant GTM37 a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, publish, and distribute such content solely for the purpose of providing our Services to you. This includes using your content in marketing materials developed for your business.

5.3 Content Ownership and Responsibility

You retain ownership of content you provide to us. However, you are solely responsible for ensuring that your content:

• Does not violate any third-party rights (copyright, trademark, privacy, etc.)
• Is accurate and not misleading
• Complies with all applicable laws and regulations
• Does not contain harmful, offensive, or illegal material

5.4 Prohibited Conduct

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Transmit any viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the operation of our Services
• Impersonate any person or entity
• Collect or harvest information about other users
• Use our Services to spam, harass, or harm others

5.5 Content Removal

We reserve the right to remove, modify, or refuse to publish any content that violates these Terms or that we deem inappropriate, without prior notice.

6. Payment Terms

6.1 Pricing

Pricing for our Services is outlined in your service agreement, proposal, or statement of work. Prices are subject to change, but we will provide reasonable notice of any pricing changes that affect existing contracts.

6.2 Payment Methods

We accept various payment methods as specified in your service agreement. Payment processing is handled by secure third-party payment processors. We do not store your complete payment card information.

6.3 Payment Schedule

Payment terms will be specified in your service agreement and may include:

• One-Time Payments: Due upon project completion or as specified in milestones
• Recurring Payments: Billed monthly, quarterly, or annually as agreed
• Retainer Payments: Due in advance for ongoing services

6.4 Late Payments

Late payments may be subject to:

• Service suspension until payment is received
• Late fees as specified in your service agreement
• Collection efforts for significantly overdue accounts

6.5 Refunds and Cancellations

Refund and cancellation policies will be outlined in your service agreement. Generally:

• Work already completed is non-refundable
• Cancellations require written notice as specified in your agreement
• Recurring services may be canceled with appropriate notice period
• Custom development work typically requires payment for milestones completed

6.6 Taxes

You are responsible for all applicable taxes, duties, and government-imposed fees associated with your purchase, except for taxes based on our net income.

7. Disclaimers and Warranties

7.1 Service Warranty

We warrant that our Services will be performed with reasonable care and skill consistent with industry standards. However, we do not guarantee specific results, rankings, traffic levels, or business outcomes from our marketing services.

7.2 No Guarantees of Results

While we strive to deliver excellent results, marketing outcomes depend on numerous factors beyond our control, including:

• Search engine algorithm changes
• Market conditions and competition
• Your business practices and reputation
• Customer behavior and preferences
• Third-party platform policies and changes

We make no guarantees regarding specific traffic, rankings, leads, sales, or other business metrics.

7.3 "As Is" Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Accuracy, reliability, or completeness of content

7.4 Third-Party Services

Our Services may integrate with or rely on third-party platforms (Google, social media networks, hosting providers, etc.). We are not responsible for the availability, performance, or policies of these third-party services.

7.5 No Professional Advice

Our Services and content are for informational and marketing purposes only and do not constitute legal, financial, tax, or professional advice. You should consult appropriate professionals for such advice.

8. Limitation of Liability

8.1 Limitation on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GTM37 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or business information
• Business interruption
• Loss of goodwill or reputation
• Cost of substitute services

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF:

• The total amount paid by you to GTM37 in the 12 months preceding the claim, or
• One hundred dollars ($100.00)

8.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

8.4 Basis of the Bargain

You acknowledge that the limitations of liability in this section are fundamental elements of the agreement between you and GTM37, and that we would not be able to provide our Services at the current pricing without these limitations.

9. Indemnification

You agree to indemnify, defend, and hold harmless GTM37 and its officers, directors, employees, agents, affiliates, and partners from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any rights of third parties, including intellectual property rights
• Content or information you provide to us
• Your business practices or activities
• Any fraudulent, negligent, or illegal actions on your part

9.1 Defense of Claims

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

9.2 Notification

We will notify you promptly of any claim for which we seek indemnification, provided that failure to provide prompt notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced by such failure.

10. Termination

10.1 Termination by You

You may terminate your use of our Services at any time by:

• Discontinuing use of our website and services
• Providing written notice of cancellation as specified in your service agreement
• Closing your account (if applicable)

10.2 Termination by Us

We may suspend or terminate your access to our Services immediately, without prior notice or liability, for any reason, including if:

• You breach these Terms or your service agreement
• You fail to make timely payments
• We are required to do so by law
• We decide to discontinue providing Services
• Your conduct is harmful to other users or our business

10.3 Effect of Termination

Upon termination:

• Your right to access and use our Services immediately ceases
• You remain responsible for all fees and charges incurred prior to termination
• Provisions that by their nature should survive termination will remain in effect (including intellectual property rights, disclaimers, limitations of liability, and dispute resolution)
• We may delete your account and data unless legally required to retain it

10.4 Refunds Upon Termination

Refunds upon termination will be handled according to your service agreement. Generally, fees paid for services already rendered or work in progress are non-refundable.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which GTM37 operates, without regard to its conflict of law provisions.

11.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising from or relating to these Terms or our Services shall be brought exclusively in the federal or state courts located in the United States. You consent to the personal jurisdiction of such courts and waive any objection to venue.

11.3 Informal Resolution

Before filing any formal legal action, you agree to first contact us at info@gtm37.com to attempt to resolve the dispute informally. We commit to working with you in good faith to reach a mutually acceptable resolution.

11.4 Arbitration

If informal resolution is unsuccessful, any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall be conducted in English in the United States.

11.5 Class Action Waiver

You agree that any proceedings to resolve disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. Neither you nor GTM37 may participate in a class action or class-wide arbitration.

11.6 Exceptions

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights or confidential information without first engaging in arbitration.

12. Changes to These Terms

12.1 Right to Modify

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email (if you have provided an email address)
• Post a notice on our website
• Provide reasonable advance notice of changes that materially affect your rights

12.2 Your Acceptance

Your continued use of our Services after we publish or notify you of changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our Services.

12.3 Material Changes

For material changes that significantly affect your rights or obligations, we will provide at least 30 days' notice before the changes take effect. During this period, you may choose to terminate your service agreement if you do not agree to the new Terms.

12.4 Service Agreement Conflicts

If there is a conflict between these Terms and your individual service agreement, the terms of your service agreement will control with respect to that specific conflict.

13. Contact Information

If you have questions, concerns, or disputes regarding these Terms of Service, please contact us: