Terms of Service

Last updated: November 2024

1. Agreement to Terms

By accessing and using Search Marketing AI services provided by Kodiak Gym LLC, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

2. Services Description

Search Marketing AI provides AI-powered Google Ads management services including:

• Automated campaign optimization using machine learning algorithms
• Bid management and budget allocation
• Ad copy creation and A/B testing
• Keyword research and competitor analysis
• Performance reporting and analytics
• Account setup and campaign structuring

3. Service Packages

Starter Package - $997/month:

• For businesses spending $5K-$15K/month on Google Ads
• Management of up to 3 campaigns
• AI-powered optimization
• Weekly performance reports
• Email support

Professional Package - $1,997/month:

• For businesses spending $15K-$50K/month on Google Ads
• Management of up to 10 campaigns
• All Starter features plus competitor analysis
• AI ad copywriting
• Priority email and chat support

Enterprise Package - Custom Pricing:

• For businesses spending $50K+/month on Google Ads
• Unlimited campaign management
• Dedicated account manager
• Custom AI model training
• 24/7 phone support

4. Payment Terms

Billing:

• Services billed monthly in advance
• Payment due on the 1st of each month
• Accepted payment methods: Credit card, ACH transfer, wire transfer
• Late payments subject to 2% monthly interest
• Service may be suspended for accounts 15+ days overdue

Setup Fee:

• One-time $500 setup fee for new accounts
• Includes account audit, strategy development, and initial campaign setup
• Non-refundable after work begins

5. Client Obligations

Clients agree to:

• Provide accurate business and billing information
• Grant necessary access to Google Ads accounts
• Maintain valid payment method on file
• Respond to requests for feedback within 3 business days
• Comply with Google Ads policies and applicable laws
• Maintain separate Google Ads budget (our fees are for management only)
• Not hold us responsible for Google account suspensions due to policy violations

6. Service Level Expectations

What We Do Promise:

• Professional management according to industry best practices
• 24/7 AI monitoring and optimization
• Transparent reporting on all metrics
• Proactive communication about account performance
• Continuous testing and improvement

7. Contract Term and Cancellation

No Long-Term Contracts:

• Services are month-to-month with no long-term commitment
• Either party may cancel with 30 days written notice
• Cancellation must be submitted before the 1st of the month
• No refunds for partial months
• All fees paid are non-refundable

Money-Back Guarantee:

• If not satisfied after first 30 days, request full refund
• Must provide documented proof of dissatisfaction
• Refund excludes setup fee
• Applies to first month only

8. Intellectual Property

Client Owns:

• All ad copy and creative assets created for your campaigns
• Campaign strategies and insights specific to your business
• All data and analytics from your campaigns

We Retain Rights To:

• Our proprietary AI algorithms and software
• General methodologies and frameworks
• Anonymized aggregate data for improving our services
• Case studies (with client permission)

9. Data Access and Ownership

• Client retains ownership of all Google Ads accounts
• Client can revoke access at any time
• We never make changes without client's Google account access
• Upon termination, all account access is returned to client
• We may retain anonymized performance data

10. Warranties and Disclaimers

We Warrant That:

• Services will be performed with reasonable skill and care
• We will comply with Google Ads policies
• We will not intentionally violate advertising regulations
• Reports will be accurate to the best of our knowledge

Disclaimers:

• Services provided "as is" beyond stated warranties
• No guarantee of specific metrics, rankings, or conversions
• Not responsible for Google algorithm changes
• Not responsible for competitor actions
• Not responsible for client's product/service quality
• Not responsible for client website performance issues

11. Limitation of Liability

To the maximum extent permitted by law:

• Total liability limited to fees paid in last 3 months
• Not liable for indirect, consequential, or punitive damages
• Not liable for lost profits, revenue, or business opportunities
• Not liable for Google account suspensions or policy violations
• Not liable for third-party actions or platform changes

12. Confidentiality

• Both parties agree to protect confidential information
• Confidentiality survives termination for 2 years
• We will not share client strategies with competitors
• Exceptions for legal requirements or public information

13. Indemnification

Client agrees to indemnify Kodiak Gym LLC from claims arising from:

• Client's products, services, or business practices
• Client-provided content, images, or materials
• Violation of third-party rights
• Breach of these Terms
• Violation of advertising laws or regulations

14. Changes to Services

• We may modify features or pricing with 30 days notice
• Material changes will be communicated via email
• Continued use after changes constitutes acceptance
• You may cancel if you disagree with changes

15. Dispute Resolution

Process:

• Parties agree to first attempt good-faith negotiation
• If unresolved, binding arbitration in Cincinnati, OH
• Arbitration conducted under AAA rules
• Each party bears own costs unless otherwise awarded

Governing Law:

• These Terms governed by laws of Ohio
• Disputes subject to courts of Hamilton County, OH
• No class action lawsuits permitted

16. General Provisions

Entire Agreement: These Terms constitute the entire agreement between parties.

Severability: If any provision is unenforceable, remaining provisions remain valid.

Waiver: Failure to enforce any right does not waive that right.

Assignment: Client may not assign rights without written consent.

Force Majeure: Neither party liable for delays due to circumstances beyond control.

17. Contact Information