Terms of Service

1. Company Information

TexasPeak Digital LLC is a limited liability company registered in the State of Texas, with its principal place of business at:

2. Use of Website

Permitted Use

You may use this website for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website in any way that violates applicable federal, state, or local law or regulation
• Transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material
• Attempt to gain unauthorized access to any portion of the website or its related systems
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the website
• Use the website to harvest or collect personal information about other users
• Upload or transmit viruses, malware, or any other malicious code

Intellectual Property

All content on this website — including but not limited to text, graphics, logos, images, and software — is the property of TexasPeak Digital LLC and is protected by United States copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.

3. Services

Service Agreements

The digital marketing services we provide — including but not limited to paid advertising management, search engine optimization, landing page design, social media marketing, and analytics — are governed by separate written service agreements or statements of work ("SOW") entered into between TexasPeak Digital LLC and each client. In the event of any conflict between these Terms and a signed service agreement, the service agreement shall control.

Free Audit

The "Free Marketing Audit" offered on our website is provided at no cost and carries no obligation to purchase any services. The audit represents our professional assessment based on information you provide and publicly available data. It does not constitute a guarantee of specific results.

Results Disclaimer

Digital marketing outcomes depend on many factors beyond our control, including market conditions, competition, industry, website quality, budget, and more. Any results, case studies, or performance figures displayed on this website represent past client outcomes and are not guarantees of future performance. Individual results will vary.

4. Payment Terms

Payment terms for our services are specified in individual client service agreements. General terms include:

• Invoices are issued monthly unless otherwise agreed in writing
• Payment is due within 15 days of invoice date unless otherwise specified
• Late payments may be subject to a 1.5% monthly finance charge
• We reserve the right to suspend services for accounts more than 30 days past due
• All fees are quoted in US Dollars and are exclusive of applicable taxes

Ad spend paid directly to advertising platforms (Google, Meta, etc.) is separate from our management fees and is the sole responsibility of the client unless otherwise agreed in writing.

5. Client Obligations

To enable us to deliver effective services, you agree to:

• Provide accurate and complete information about your business, products, services, and goals
• Grant necessary access to advertising accounts, analytics platforms, and website systems
• Review and approve campaign materials, ad copy, and creative assets in a timely manner
• Notify us promptly of any changes to your business, offerings, or target market
• Ensure that all products, services, and business practices comply with applicable laws and advertising platform policies

6. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared in the course of the business relationship, including but not limited to business strategies, campaign data, pricing, client lists, and trade secrets. This obligation survives the termination of any service agreement. We will not disclose your business information to third parties without your written consent, except as required by law or as necessary to deliver the agreed services.

7. Ownership of Work Product

Upon full payment of all outstanding fees, clients own all deliverables specifically created for them under a service agreement, including ad creative, landing pages, and content. TexasPeak Digital LLC retains ownership of its proprietary methodologies, processes, frameworks, templates, and tools used in delivering services.

Clients retain full ownership of their advertising accounts, analytics accounts, and all data within those accounts at all times.

8. Termination

Either party may terminate a service agreement in accordance with the notice provisions specified in that agreement. General terms:

• Month-to-month agreements require 30 days written notice to terminate
• Either party may terminate immediately for material breach, provided written notice is given and the breaching party fails to cure within 10 business days
• Upon termination, all outstanding invoices become immediately due and payable
• We will provide a transition period of up to 14 days to transfer account access and materials to the client

9. Limitation of Liability

To the maximum extent permitted by applicable law, TexasPeak Digital LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, or loss of business opportunities, arising out of or related to our services or these Terms, even if we have been advised of the possibility of such damages.

Our total liability to you for any claim arising out of or related to our services shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless TexasPeak Digital LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our website or services; (b) your violation of these Terms; (c) your violation of any third-party right; or (d) any false or inaccurate information you provide to us.

11. Governing Law & Dispute Resolution

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any dispute that cannot be resolved informally shall be submitted to binding arbitration in Austin, Travis County, Texas, in accordance with the rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

12. Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will post updated Terms on this page with a revised "Last Updated" date. Your continued use of our website or services after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

14. Contact Us

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