1. Acceptance of these terms
These Terms and Conditions ("Terms") are a binding agreement between you and OPMarketing governing your access to and use of opmarketing.ai and its public scheduling, chat, and communication features (collectively, the "Website"). By accessing or using the Website, you agree to these Terms and our Privacy Policy.
If you do not agree, do not use the Website. You must be at least 18 years old and legally capable of entering into a binding agreement to use the Website for business inquiries.
2. Website information and professional services
The Website describes marketing, design, development, automation, and AI-related services offered by OPMarketing. Website content is provided for general information and does not constitute legal, financial, accounting, employment, or other regulated professional advice.
Submitting an inquiry, using chat, or scheduling a consultation does not create an agency-client, fiduciary, employment, partnership, or joint-venture relationship. Any paid engagement is governed by a separate written proposal, statement of work, order form, or services agreement. If a client agreement conflicts with these Website Terms, the client agreement controls for the applicable services.
Estimates, examples, projections, testimonials, case studies, and discussions of potential results are illustrative. Marketing, advertising, search, sales, and AI outcomes depend on factors outside our control, and we do not guarantee any particular ranking, lead volume, revenue, cost, response, or business result.
3. Email, telephone, and text communications
When you provide your contact information or initiate a conversation, you authorize OPMarketing to respond using the communication methods you provide. Where you separately consent to marketing or automated communications, you agree that OPMarketing may send calls or text messages using automated technology. Consent to marketing is not a condition of purchase. Message frequency varies, and message and data rates may apply.
You may opt out of marketing SMS messages by replying STOP and may opt out of marketing email using the unsubscribe link in the message. For help with SMS, reply HELP or contact us. We may continue to send non-marketing messages that are necessary to respond to your request, administer an active service, protect security, or comply with law.
You represent that you are the subscriber or customary user of any telephone number or email address you provide and will notify us if your contact information changes.
4. AI-enabled features
The Website and our communications may include automated chat or voice agents. You understand that you may be interacting with an automated system rather than a person. These systems may generate responses, summaries, classifications, recommendations, or routing decisions based on your input.
AI-generated output can be incomplete, inaccurate, or inappropriate for your circumstances. You are responsible for reviewing information before relying on it or acting on it. Do not use an AI feature for emergencies or as a substitute for legal, medical, financial, or other professional advice. Do not submit confidential, regulated, or highly sensitive information unless we have expressly agreed in writing to receive it through that channel.
5. Acceptable use
You may use the Website only for lawful purposes. You may not:
- Use the Website to violate law, infringe rights, deceive others, harass anyone, or distribute unlawful or harmful material.
- Attempt to gain unauthorized access to accounts, systems, source code, prompts, data, or infrastructure.
- Probe, scan, disrupt, overload, bypass, or interfere with the Website or its security and access controls.
- Upload malware, automate abusive requests, scrape the Website contrary to posted instructions, or use content to build a competing dataset or service.
- Impersonate another person or business, misrepresent your authority, or submit information you do not have the right to provide.
- Copy, modify, distribute, or commercially exploit Website content except as permitted by law or our written authorization.
We may restrict or terminate access when we reasonably believe use violates these Terms or threatens the Website, OPMarketing, our providers, clients, or other users.
6. Intellectual property
The Website, including its design, text, graphics, branding, code, video, and other content, is owned by OPMarketing or its licensors and is protected by intellectual-property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Website for your own lawful business evaluation and communication with us.
OPMarketing names, logos, service names, and visual identity may not be used without prior written permission. Any ownership or license terms for deliverables created during a paid engagement will be stated in the applicable client agreement.
If you send feedback or suggestions about the Website or our services, you authorize us to use them without restriction or compensation, provided we do not publicly identify you without permission.
7. Third-party services and links
The Website may embed or link to third-party scheduling, chat, communication, social, payment, or other services. Third-party services are operated under their own terms and privacy policies. OPMarketing does not control and is not responsible for third-party content, availability, security, or practices. A link or integration does not imply endorsement.
8. Disclaimers
To the maximum extent permitted by law, the Website is provided "as is" and "as available." OPMarketing disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation.
We do not warrant that the Website, third-party services, or AI-enabled features will always be available, secure, accurate, complete, or free from harmful components. Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you.
9. Limitation of liability
To the maximum extent permitted by law, OPMarketing and its owners, personnel, contractors, affiliates, licensors, and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, business opportunity, or use, arising from or related to the Website.
To the maximum extent permitted by law, the total liability of OPMarketing for claims arising from or related to the Website will not exceed the greater of $100 or the amount you paid OPMarketing specifically for access to the Website during the twelve months before the event giving rise to the claim. This limitation does not alter liability that cannot lawfully be limited.
10. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless OPMarketing and its owners, personnel, contractors, and affiliates from third-party claims, liabilities, damages, judgments, and reasonable costs arising from your unlawful use of the Website, your violation of these Terms, or information or content you submit in violation of another person's rights.
11. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Subject to any law that provides otherwise, courts located in the State of California will have exclusive jurisdiction over disputes arising from these Terms or the Website, and you consent to their jurisdiction and venue.
Before filing a claim, you and OPMarketing agree to make a good-faith effort to resolve the dispute informally by providing written notice and allowing 30 days for a response. Nothing in this section prevents either party from seeking urgent injunctive relief where appropriate.
12. Changes and general terms
We may update these Terms by posting a revised version and changing the effective date. Changes apply prospectively when posted unless a later date is stated. Continued use of the Website after an update constitutes acceptance of the revised Terms.
If a provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, transaction, or transfer of the Website. These Terms and the Privacy Policy are the entire agreement concerning public use of the Website.
13. Contact us
Questions about these Terms can be sent to:
OPMarketing
Email: hello@opmarketing.ai