Last updated: March 31, 2026 | Effective immediately upon use of our services
These Terms of Service ("Agreement") constitute a legally binding contract between SocialMediaAds.com, LLC ("SMA," "Company," "we," "us," or "our") and you, the individual or entity accessing or using our website, services, software, or any related offerings ("Client," "you," or "your"). This Agreement governs all services including but not limited to: paid social media advertising management, Google Ads management, TikTok Ads management, ad creative production, landing page development, website design and hosting, AI automation setup, and any other service offered by SMA.
SMA provides digital marketing management services. Our scope of work is limited to the management, strategy, setup, creative production, and optimization of advertising accounts and campaigns as agreed upon in your service order or subscription.
Ad Spend Is Not Included. Unless explicitly stated otherwise in a signed written agreement, all ad spend (funds paid directly to Facebook, Meta, Google, TikTok, or any other advertising platform) is the sole financial responsibility of the Client. SMA management fees do not cover ad spend under any circumstances.
SMA is not responsible for platform policy changes, account suspensions, ad disapprovals, or any actions taken by third-party platforms (Meta, Google, TikTok, etc.) that affect campaign performance or account access.
SMA makes no guarantees, representations, or warranties of any kind regarding advertising performance, lead volume, revenue generated, return on ad spend (ROAS), cost per lead, conversion rates, or any other performance metric. Digital advertising results vary significantly based on market conditions, competition, ad spend, industry, offer quality, landing page quality, and numerous other factors outside SMA's control.
Any case studies, testimonials, projections, or examples of results shared by SMA are illustrative only and do not represent typical results. Past performance does not guarantee future results.
You acknowledge that there is inherent risk in advertising and that SMA cannot guarantee any specific outcome from its services.
All fees are due as specified in your service order. Monthly retainer fees are billed in advance on a recurring basis. By providing payment information, you authorize SMA to charge your payment method automatically on each billing date.
All fees are non-refundable. Once a billing period has begun, no refunds, credits, or proration will be issued for that period under any circumstances, including early cancellation, dissatisfaction with results, or service non-use.
If a payment fails, SMA reserves the right to suspend all services immediately until payment is received. A late fee of 1.5% per month may be applied to any past-due balance. If collection action becomes necessary, Client agrees to pay all collection costs, court costs, and reasonable attorney's fees.
SMA reserves the right to modify pricing upon 30 days' written notice. Continued use of services after a price change constitutes acceptance of the new pricing.
Either party may cancel services by providing 30 days' written notice via email to the contact on file. Cancellation does not entitle Client to any refund of fees already paid. Services will continue through the end of the current billing period following receipt of cancellation notice.
SMA reserves the right to terminate services immediately, without notice or refund, if: (a) Client violates these Terms; (b) Client engages in abusive, threatening, or harassing behavior toward SMA staff; (c) Client's account poses legal or reputational risk to SMA; (d) payment has not been received after two billing cycles.
Client agrees to:
Upon full payment of all fees, Client owns the ad creative (images, copy, video) produced exclusively for their campaigns. SMA retains all rights to its proprietary methodologies, processes, templates, systems, and software tools used to deliver services.
Client grants SMA a non-exclusive, royalty-free license to use Client's logos, brand assets, and business information solely for the purpose of delivering services. Client warrants that it has the right to grant this license and that use of its materials will not infringe any third-party intellectual property rights.
SMA may use anonymized, aggregated campaign data for internal analysis and improvement. SMA may reference Client as a customer and use non-confidential results in marketing materials unless Client provides written opt-out notice.
Each party agrees to keep confidential any proprietary business information, trade secrets, or sensitive data disclosed by the other party during the course of the engagement, and not to disclose such information to third parties without prior written consent, except as required by law.
Client agrees to defend, indemnify, and hold harmless SocialMediaAds.com, its owners, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) Client's use of SMA's services; (b) Client's advertising content or claims; (c) Client's breach of these Terms; (d) Client's violation of any applicable law or third-party rights; (e) any claim that Client's products or services caused harm to a third party.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMA'S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO SMA IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
IN NO EVENT SHALL SMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF SMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SMA is not liable for any damages arising from third-party platform outages, policy changes, account bans, algorithm changes, or any event outside SMA's direct control.
SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SMA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Participation in any SMA giveaway, contest, or promotion is subject to the official rules posted on the applicable giveaway page, which are incorporated into these Terms by reference. SMA reserves the right to modify, suspend, or cancel any giveaway at any time for any reason. All giveaway decisions made by SMA are final and binding. No cash alternative to any prize will be offered. Prizes are non-transferable. Winners are responsible for any applicable taxes on prize value.
Giveaway entrants consent to receive marketing communications from SMA. By entering, participants grant SMA permission to use their name and likeness for promotional purposes without additional compensation.
Website hosting provided by SMA ($97/month) is a month-to-month service and may be cancelled with 30 days' notice. Upon cancellation, Client will lose access to the hosted website. SMA does not provide website backups or data export unless explicitly agreed in writing. Client is responsible for maintaining their own backups. SMA's uptime target is 99.5% but is not guaranteed. SMA is not liable for any downtime, data loss, or security breach affecting Client's hosted website.
AI-powered services including but not limited to automated SMS, voice agents, and chatbots are subject to telecommunications laws including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act. Client is solely responsible for ensuring their use of AI automation tools complies with all applicable laws, including obtaining necessary consents from their contacts before sending automated messages. SMA is not liable for any legal claims, fines, or penalties arising from Client's use of automated messaging services.
Any dispute, claim, or controversy arising out of or relating to these Terms or the services provided by SMA shall first be subject to a good-faith negotiation period of 30 days. If not resolved, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in the state of [Company's State], and the arbitrator's award shall be final and binding. CLIENT WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Notwithstanding the above, SMA reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which SocialMediaAds.com is incorporated, without regard to its conflict of law provisions.
SMA reserves the right to update or modify these Terms at any time. Changes will be posted to this page with an updated effective date. Your continued use of our services after any modification constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
These Terms, together with any signed service order or statement of work, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Questions about these Terms should be directed to: legal@socialmediaads.com