Marketing Services Terms

These Marketing Services Terms (the "Marketing Terms") are a legal agreement between the business that buys CoatFlow's managed marketing services ("Client," "you" or "your") and Jordan Levin, an individual doing business as Levology Labs and CoatFlow ("CoatFlow," "we," "us" or "our"), 31881 Via Puntero, San Juan Capistrano, CA 92675, jordan@coatflow.org.

They cover only our managed marketing services. They add to the CoatFlow Terms of Service (the "Terms of Service"), which also apply to these services, including their sections on limitation of liability, indemnity and disputes. If your plan also includes the floor visualizer, the Terms of Service alone cover the visualizer.

Key points: the services are month to month, and either of us can end them with 30 days' written notice (section 9). You pay your ad spend to the ad platforms directly; it is never part of our fee (section 4). We do not promise a number of leads or jobs (section 5). You own your ad accounts, your texting registration and your data (sections 4, 7 and 10). This box is only a summary; the full Marketing Terms control.

1. How you accept and which terms control

1. You accept these Marketing Terms when you sign or accept an Order Form that refers to them (including by reply email or by paying it), when you agree to them at checkout, or when you start using the services. The person who accepts confirms they can bind the Client.
2. An "Order Form" is the written order, proposal or email from us that names your plan, price and included services, as section 4 of the Terms of Service describes.
3. For the marketing services, your Order Form controls first (and, for texts, emails and automated replies, the Messaging Services Addendum that comes with it), then these Marketing Terms, then the Terms of Service. Each controls only for the items it covers.

2. The services

Your Order Form lists the services in your plan. They may include:

1. CRM sub-account. A sub-account on the HighLevel platform (also sold as LeadConnector), provisioned under our agency account and set up for your business: pipeline, contacts, calendars, forms, conversation inbox and automations.
2. Ad management. Planning, building, launching, monitoring and improving ad campaigns on the platforms named in your Order Form, such as Meta (Facebook and Instagram) and Google, including ad copy, creative made from your photos and licensed stock, targeting and conversion tracking.
3. Lead follow-up. Texts and emails to new leads, missed-call text-back, appointment reminders, estimate follow-up and review requests, sent automatically from templates you approve.
4. Reporting. A monthly performance report and a monthly review call.

Work that is not in your Order Form, such as website builds, video production, print, SEO or more ad channels, needs a separate written quote. We tell you before we start any work that would cost extra.

3. Fees and billing

1. Monthly fee. Your monthly fee is the amount in your Order Form or shown at checkout, plus any sales tax that applies.
2. Automatic renewal. The services are a monthly subscription. Our payment processor, Stripe, charges your payment method on your start date and on the same day each month after that until the services end under section 9.
3. Failed payments. If a charge fails, Stripe retries it and we let you know. If a payment is still unpaid 10 days after it was due, we may pause your ads and automations until it is paid. A pause does not end the subscription.
4. Price changes. We give you at least 30 days' written notice before we change your fee. The new fee starts on the first billing date after the notice period, and you may cancel before then.
5. Refunds. Each month's fee pays for the work scheduled and done that month, so fees are not refundable, except where the law requires a refund, or where we fail to provide the services in a material way and do not fix it within 15 days of your written notice, in which case we refund that month's fee.

4. Ad spend and ad accounts

1. You pay ad spend directly. Ad spend is never part of our fee. The ad platforms charge it to the payment method in your own ad accounts. We do not collect, hold or mark up ad spend.
2. Your budget. You set your monthly ad budget in writing (email is fine) and can change it the same way. We manage within it and never raise spend above it without your written approval. Platforms sometimes spend a little over a daily budget, as their own rules allow; that is not a breach by us.
3. Your accounts. You own your ad accounts, business portfolio, pages, pixels and datasets, and your Google Business Profile. We work in them through partner or user access. Any account that has to be created for you is created in your business's name, with you as its main admin.
4. Platform rules. Ads must follow each platform's policies and pass its review. We are not responsible for a platform's ad rejections, account restrictions or policy changes, but we help you appeal and fix them.

5. No guaranteed results

Leads, cost per lead and sales depend on things we do not control, including your market, prices, season, competitors and reviews, how quickly your team answers new leads, and how the ad platforms run their auctions. We do the work carefully and to professional standards, but we do not guarantee any number of leads, appointments, jobs, rankings or return on ad spend. Any projection we share is an estimate, not a promise.

6. What we need from you

1. Access and information. Within 10 business days of your start date, give us the access, information and approvals on our onboarding checklist. Launch waits on them, and the monthly fee still applies while it does.
2. Answering leads. Answer the leads the CRM sends you, and mark how each one ends (booked, sold or lost) so we can improve your campaigns.
3. Your content. The photos, reviews, offers and claims you give us must be accurate, lawful and yours to use.
4. Approvals. Approve ads promptly. If you do not answer a request to approve ad creative within 3 business days, we may treat it as approved and launch it. New offers, prices and guarantees, and every text or email template, always need your express approval.
5. Your trade. Keep the licenses, registrations and insurance your trade requires where you work.

7. Texts, calls and email

We send texts and emails for you only under a Messaging Services Addendum that both of us sign with your Order Form, as section 12 of the Terms of Service requires. It sets the detailed consent, approval and sending rules. In short:

1. You are the sender. Texts, calls and emails from your sub-account go out on your behalf, under your business name, to your contacts. You are responsible for having the consent the law requires before they go out, including under the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing laws and carrier rules.
2. Texting registration. US carriers require business texting to be registered (A2P 10DLC). Your brand and campaign are registered in your business's name, from the accurate details you give us (legal name, EIN, address and website), and they stay yours. Texting may be limited until the carriers approve it, and we do not control how long that takes.
3. What we do. We put consent language on the lead forms we build, send nothing you have not approved, honor STOP and other opt-outs automatically, send texts only between 8 a.m. and 8 p.m. in the recipient's local time, and never text bought, shared or scraped lists. We may refuse or pause any message or campaign that we believe lacks consent or breaks the law or carrier rules.
4. Your contacts. If you give us contacts you collected yourself, you confirm that each one agreed to hear from you that way, and you keep records of that consent for at least 5 years.
5. Your number. If you leave, we help move your texting number and registration to you, where the carriers and HighLevel allow it.

8. Usage charges

Phone, text and email use in your sub-account (texts and picture messages, calls, email sends, and automated assistant and verification features) is charged by HighLevel and the carriers at their rates. Your Order Form states any usage allowance included in your fee. Usage above it is billed to you at cost, with no markup, on your next invoice, and we tell you when you go over. One-time carrier registration and vetting fees are billed at cost, and we confirm the amount with you before we register.

9. Cancelling and leaving

1. Cancelling. The services are month to month. Either of us may end them for any reason with 30 days' written notice; email is fine. We keep working, and billing as usual, until the notice period ends. If it ends partway through a billing month, the services continue to the end of that month, and nothing is charged after it.
2. Ending for cause. Either of us may end the services at once by written notice if the other materially breaches these Marketing Terms and does not fix it within 10 days of notice. We may also end them at once if your use of the services exposes us to legal liability or gets our HighLevel agency account, a sending number or our access to an ad platform suspended.
3. Your data when you leave. When the services end, we stop your ads and automations. Your ad accounts are already yours, and we remove our access when you ask. For the CRM, for 30 days after the end date you may choose, at no charge, either an export of your contacts, opportunities and conversation history, or, where HighLevel supports it, a transfer of the sub-account to your own HighLevel account. After those 30 days we may delete the sub-account.
4. What continues. Sections 4.3, 5, 7, 10, 11 and 12 continue after the services end, and so does anything you owe us.

10. Who owns the work

1. Yours. You own your data, your contacts and leads, your brand and the final ads published for your business. Once the fees for them are paid, you may keep using the ad copy and creative we made for you.
2. Ours. We keep our existing and reusable materials: CRM templates and snapshots, workflows, funnels, playbooks, scripts and know-how. While the services run, you may use them in your sub-account. If the sub-account is transferred to you, you may keep using the copies in it for your own business, but you may not resell or share them.
3. Case studies. We do not name your business or share your results publicly without your written permission.

11. Confidentiality and your customers' data

Each of us keeps the other's non-public business information confidential, including prices, customer lists, results and logins, as section 16 of the Terms of Service sets out. For your leads and customers, we act as your service provider: we use their information only to provide the services to you and as you instruct, we never sell it, we never use it for another client or for our own marketing, and we handle it as our Marketing Privacy Policy describes.

12. Liability and indemnity

1. Platforms. The services run on other companies' platforms, including HighLevel, Meta, Google, Stripe and the phone carriers. We are not responsible for their outages, data loss or changes.
2. Limitation of liability. Section 23 of the Terms of Service limits our liability for the marketing services too. These Marketing Terms add no separate or higher limit.
3. Your indemnity. Section 24 of the Terms of Service applies. It also covers claims, fines and reasonable legal fees that arise from texts, calls or emails sent to your contacts without the consent the law requires (where we sent them at your direction, or to contacts or with information you gave us), and from content, offers or claims you supplied or approved.
4. Our indemnity. We will defend you against a third party's claim that material we created for you (other than material you supplied) infringes their intellectual property rights, and pay the damages and costs finally awarded on that claim, subject to section 23 of the Terms of Service.

13. General terms

1. Disputes and law. Sections 26 and 27 of the Terms of Service apply to the marketing services, including California law and the courts of Orange County, California.
2. Helpers. We may use vetted contractors to help deliver the services. We remain responsible for their work.
3. Changes. We may update these Marketing Terms with at least 30 days' email notice. A change applies from your first billing date after the notice period, and you may cancel before then. An Order Form changes only in writing that both of us sign or accept.
4. Notices. Notices must be in writing, and email is fine. Send ours to jordan@coatflow.org; we send yours to the email on your account or Order Form.
5. Whole agreement. Your Order Form, these Marketing Terms, the Terms of Service and the Marketing Privacy Policy are the whole agreement for the marketing services.

14. Contact