These Terms govern your access to and use of the AgencyAILab website and any services provided by Maker Solutions Inc., doing business as AgencyAILab. By accessing this website or engaging our services, you agree to these Terms.
If you do not agree, do not use the site or our services.
1. Services
AgencyAILab provides digital marketing, marketing automation, content development, AI visibility and generative engine optimization, systems consulting, and related services to businesses. The specific services provided to any client are defined in a separate written proposal, scope of work, service agreement, or order form ("Service Agreement").
Where a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement.
2. Eligibility and business use
Our services are offered to businesses and to individuals acting on behalf of a business. By engaging us, you represent that you are at least 18 years old and have authority to bind the business you represent.
3. Fees and payment
- Fees, billing frequency, and payment terms are set out in the applicable Service Agreement.
- Unless stated otherwise, fees are due in advance and are non-refundable once work on the applicable period or deliverable has commenced.
- Recurring services renew automatically until cancelled in accordance with the Service Agreement.
- Late payments may result in suspension of services. We may charge interest on past-due amounts at the lesser of 1.5% per month or the maximum permitted by law.
- Fees are exclusive of applicable taxes, which are your responsibility.
4. Advertising spend
Advertising budgets paid to third-party platforms are separate from and in addition to our service fees. Unless expressly agreed in writing:
- Advertising spend is billed by the platform directly to the client's own payment method;
- Client retains ownership of and responsibility for its advertising accounts;
- Client is responsible for all charges incurred by those accounts;
- Platform pricing, auction dynamics, delivery, and policy decisions are outside our control.
5. Client responsibilities
You agree to:
- Provide accurate, complete, and timely information, materials, access, and approvals needed for us to perform;
- Ensure all content, claims, images, and data you supply are accurate and that you hold the necessary rights to use them;
- Comply with all laws and platform policies applicable to your business, including advertising, licensing, consumer protection, telemarketing, and messaging regulations;
- Obtain and maintain any professional licenses and required disclosures for your industry;
- Obtain valid consent before adding any contact to messaging or calling campaigns, and maintain compliance with applicable telephone, text message, and email regulations.
Delays caused by your failure to provide required inputs or approvals do not extend our obligations or entitle you to a refund.
6. No guarantee of results
We do not guarantee any specific outcome. This includes, without limitation, search rankings, citations or mentions by AI systems or large language models, inclusion in AI-generated answers, traffic volume, impressions, lead volume, appointment volume, conversion rates, closed transactions, loan volume, or revenue.
Digital marketing and AI visibility results depend on many factors outside our control, including third-party algorithm changes, model training and retrieval behavior, platform policy changes, competitor activity, market conditions, seasonality, pricing, your own sales process and follow-up, and the quality of your offer.
Any performance figures, case studies, examples, or projections presented on this website or in our materials are illustrative only. They are not a promise, warranty, or representation of results you will achieve. Individual results vary.
7. Third-party platforms
Our services frequently operate on or integrate with third-party platforms, including CRM and automation software, advertising networks, search engines, AI systems, hosting providers, and communication services.
We do not control those platforms. We are not responsible for their availability, performance, pricing changes, feature changes, policy enforcement, account suspensions, data loss, or discontinuation. Your use of those platforms is governed by their own terms.
8. Affiliate and referral disclosure
AgencyAILab participates in affiliate and partner programs. We may earn commissions, revenue share, or other compensation when you sign up for, purchase, or subscribe to certain third-party products, software platforms, or services through links, referrals, or accounts we provide.
This compensation does not increase the price you pay. We recommend tools we use and believe in, but you should evaluate any third-party product independently before purchasing.
9. Intellectual property
Our property
The website, our brand names and logos, and our proprietary frameworks, methodologies, templates, prompts, systems, and processes remain our exclusive property. Nothing in these Terms transfers ownership of them to you.
Your property
You retain ownership of your trademarks, brand assets, content, and data that you provide to us.
Deliverables
Upon full payment, you receive a non-exclusive, perpetual license to use client-specific deliverables produced for you under a Service Agreement, for your own business purposes. This license does not extend to our underlying methodologies, templates, or reusable components, which we may continue to use for other clients.
Portfolio use
We may reference our work with you and display non-confidential examples in our portfolio and marketing materials unless you request otherwise in writing.
10. Confidentiality
Each party agrees to protect the other's non-public business information disclosed in connection with an engagement, to use it only for purposes of the engagement, and not to disclose it to third parties except to personnel and service providers who need it and are bound by similar obligations. This does not apply to information that is public, independently developed, rightfully received from a third party, or required to be disclosed by law.
11. Term and termination
- Either party may terminate an engagement as provided in the applicable Service Agreement.
- We may suspend or terminate services immediately for non-payment, breach of these Terms, or conduct that exposes us or our other clients to legal or platform risk.
- Upon termination, you remain responsible for fees for work performed and for any committed third-party costs.
- Sections addressing payment, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law survive termination.
12. Acceptable use
You agree not to use our website or services to transmit unlawful, deceptive, harassing, or infringing content; to send unsolicited communications in violation of law; to attempt unauthorized access to any system; or to interfere with the operation of our site or services.
13. Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PARTICULAR RESULT WILL BE ACHIEVED.
Nothing on this website constitutes legal, financial, tax, accounting, real estate, or mortgage lending advice. Consult qualified professionals regarding your specific circumstances.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL SERVICE FEES PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. ADVERTISING SPEND PAID TO THIRD-PARTY PLATFORMS IS EXCLUDED FROM THIS CALCULATION.
15. Indemnification
You agree to indemnify, defend, and hold harmless AgencyAILab, Maker Solutions Inc., and their officers, employees, and contractors from any claims, damages, liabilities, penalties, and reasonable attorneys' fees arising out of: (a) content, data, claims, or materials you provide; (b) your breach of these Terms; (c) your violation of any law, regulation, professional licensing requirement, or platform policy; or (d) your use of contact data or messaging practices in violation of applicable consent requirements.
16. Governing law and venue
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. The exclusive venue for any dispute is the state or federal courts located in Seminole County, Florida, and each party consents to personal jurisdiction there.
17. Dispute resolution
Before filing any claim, the parties agree to attempt in good faith to resolve the dispute through direct negotiation for at least thirty (30) days after written notice. If unresolved, either party may pursue available remedies in the venue specified above.
18. Force majeure
Neither party is liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, civil unrest, labor disputes, government action, internet or utility failures, or third-party platform outages.
19. General
- Independent contractor. We are an independent contractor. Nothing here creates a partnership, joint venture, employment, or agency relationship.
- Assignment. You may not assign these Terms without our written consent. We may assign in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
- No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
- Entire agreement. These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between the parties on this subject.
20. Changes to these Terms
We may revise these Terms at any time. The "Last updated" date reflects the most recent revision. Continued use of the site or services after changes take effect constitutes acceptance. Material changes affecting an active engagement will be communicated to the client directly.
21. Contact
AgencyAILab — a brand of Maker Solutions Inc.
Lake Mary, Florida
Email: [email protected]
Phone: (407) 544-4704