Terms of Service

These Terms of Service, together with any order form, proposal, statement of work, invoice, service agreement, addendum, or other written agreement referencing these Terms, govern your access to and use of the websites, services, products, consultations, campaigns, marketing systems, software configurations, deliverables, communications, and related services provided by PERFORMANCE MARKETERZ, LLC, a Utah limited liability company.

In these Terms, “Performance Marketerz,” “PMZ,” “we,” “us,” and “our” refer to PERFORMANCE MARKETERZ, LLC. “Client,” “you,” and “your” refer to the person, business, organization, or entity accessing our website, purchasing services, receiving services, or entering into an agreement with us.

By using our website, submitting a form, scheduling a consultation, paying an invoice, signing an agreement, or using our services, you agree to these Terms.

1. Our Business Philosophy

Performance Marketerz is a customer-first business.

We believe that generosity begets success. We aim to provide fast, effective, honest, and useful support to our clients. We will not knowingly or intentionally engage in conduct that is destructive to individuals, businesses, customers, client systems, advertising accounts, data, websites, or reputations.

We take seriously the trust our clients place in us. We strive to protect client data, customer data, business assets, advertising accounts, marketing infrastructure, and confidential information.

2. Services We Provide

Performance Marketerz provides marketing, advertising, consulting, technology, and growth-related services, which may include:

• Digital marketing strategy.
• Paid advertising management.
• Search engine marketing.
• Social media advertising.
• Lead generation.
• Funnel design and optimization.
• Landing page creation.
• Website strategy and development.
• Conversion rate optimization.
• Analytics implementation.
• Tracking and attribution setup.
• Google Tag Manager, server-side tracking, pixels, and conversion API setup.
• CRM setup, automation, and integrations.
• GoHighLevel, HubSpot, and related marketing-system configuration.
• Email marketing support.
• SMS/MMS marketing support.
• Copywriting and creative strategy.
• Reporting and data analysis.
• Consulting, coaching, audits, and implementation support.
• Other related services described in a written proposal, statement of work, or agreement.

The specific services we provide to you will be described in the applicable proposal, invoice, order form, statement of work, or written agreement.

3. Client Eligibility and Authority

You must be at least 18 years old to use our services.

If you use our services on behalf of a business, you represent that you have authority to bind that business to these Terms and to provide us with access to accounts, systems, data, platforms, software, websites, CRMs, advertising accounts, analytics tools, and other assets necessary to perform the services.

4. Client Responsibilities

You are responsible for:

• Providing accurate, complete, and timely information.
• Giving us access to the accounts, platforms, systems, and assets needed to perform the services.
• Maintaining ownership, authorization, or lawful access to any data, lists, content, accounts, websites, domains, ad accounts, CRMs, software, and materials you provide to us.
• Reviewing and approving advertising copy, claims, offers, pricing, promotions, landing pages, emails, text messages, funnels, websites, and campaign materials.
• Ensuring your products, services, offers, claims, testimonials, guarantees, pricing, and business practices comply with applicable laws and platform policies.
• Maintaining your own licenses, subscriptions, software accounts, hosting accounts, domain registrations, platform accounts, and third-party tools unless otherwise agreed in writing.
• Paying advertising spend, software fees, platform fees, media costs, and third-party costs unless otherwise stated in writing.
• Maintaining appropriate privacy policies, terms of service, cookie notices, SMS terms, consent language, disclaimers, and customer-facing disclosures for your own business.
• Responding to our requests for information, feedback, approvals, and access within a reasonable time.
• Backing up your own systems, websites, data, files, creative assets, and business records.

We are not responsible for delays, performance issues, compliance issues, disapprovals, account restrictions, or losses caused by your failure to provide timely information, approvals, access, payment, truthful claims, lawful data, or required legal disclosures.

5. No Guarantee of Results

We work to provide high-quality marketing services, but marketing results are not guaranteed.

You understand that advertising and marketing performance depends on many factors outside our control, including your offer, pricing, market conditions, competition, budget, creative assets, website performance, sales follow-up, customer service, reviews, seasonality, platform algorithms, auction costs, data quality, tracking limitations, and third-party platform policies.

We do not guarantee:

• Specific revenue.
• Specific profit.
• Specific return on ad spend.
• Specific number of leads.
• Specific cost per lead.
• Specific cost per acquisition.
• Specific rankings.
• Specific traffic levels.
• Specific conversion rates.
• Specific approval by advertising platforms.
• Specific account stability on third-party platforms.

Any projections, estimates, forecasts, audits, plans, or performance expectations we provide are for informational and planning purposes only and are not guarantees.

6. Advertising Spend and Third-Party Costs

Unless otherwise agreed in writing, advertising spend is separate from our service fees.

You are responsible for all media spend, ad platform charges, software fees, subscription fees, hosting fees, domain fees, CRM fees, email/SMS fees, call-tracking fees, data fees, creative-production expenses, and third-party costs associated with your campaigns or systems.

We are not responsible for charges imposed by third-party platforms, including Google, Meta, TikTok, Microsoft, Pinterest, LinkedIn, Snapchat, Reddit, X/Twitter, GoHighLevel, HubSpot, payment processors, hosting providers, or similar providers.

7. Third-Party Platforms

Our services may involve third-party platforms, tools, software, networks, and providers. These may include advertising platforms, analytics providers, CRM systems, email platforms, SMS platforms, automation tools, hosting providers, payment processors, and other services.

We do not control third-party platforms. We are not responsible for:

• Platform outages.
• Platform errors.
• Tracking discrepancies.
• Account bans, suspensions, restrictions, reviews, or disapprovals.
• Policy changes.
• Algorithm changes.
• Pricing changes.
• Lost access.
• Data loss caused by third-party systems.
• Third-party security incidents.
• Changes to APIs, integrations, tags, pixels, or reporting.
• Actions taken by advertising platforms or software providers.

You agree to comply with all applicable third-party platform terms, policies, advertising rules, data-use rules, and acceptable-use policies.

8. Tracking, Analytics, Pixels, and Attribution

Our services may include the setup, management, review, or optimization of tracking and analytics technologies, including pixels, tags, cookies, server-side tracking, conversion APIs, CRM events, forms, attribution systems, and reporting dashboards.

Tracking and attribution are not perfect. You understand that reporting discrepancies may occur between platforms, CRMs, analytics tools, payment processors, call-tracking systems, ad managers, and internal business records.

We are not responsible for inaccurate reporting caused by browser restrictions, cookie limitations, ad blockers, user privacy settings, device settings, consent choices, platform limitations, API limitations, server outages, misconfigured third-party systems, or changes made by you or third parties.

You are responsible for ensuring that your own websites, landing pages, forms, cookie banners, privacy policies, and consent mechanisms comply with applicable law before tracking technologies are deployed.

9. Email, SMS, A2P 10DLC, and Communications Compliance

If our services involve email, SMS, MMS, phone calls, lead follow-up, automation, CRM campaigns, or similar communications, you are responsible for ensuring that all contact lists, leads, opt-ins, consent records, scripts, message content, and communication practices comply with applicable law.

This includes, where applicable, the Telephone Consumer Protection Act, FCC rules, CAN-SPAM Act, CTIA guidelines, A2P 10DLC requirements, carrier requirements, state telemarketing laws, do-not-call rules, privacy laws, and platform policies.

You represent that:

• You have obtained all legally required consents before providing contacts, leads, phone numbers, or email addresses to us.
• You have the right to contact the individuals in your lists.
• You will honor opt-outs, unsubscribe requests, STOP requests, revocation requests, and suppression-list requirements.
• You will not upload purchased, scraped, unlawfully obtained, or non-consented contact lists unless legally permitted and disclosed to us in writing.
• You will maintain proper SMS terms, privacy disclosures, opt-in language, and consent records where required.
• You will not instruct us to send messages that are unlawful, deceptive, harassing, abusive, or non-compliant.

We may refuse, pause, or terminate communication-related services if we believe a campaign, list, message, or instruction may violate law, carrier rules, platform rules, or our standards.

9.1 Performance Marketerz SMS Messaging Program

Program description and messaging use cases. Performance Marketerz operates an SMS messaging program for individuals who voluntarily opt in through our website forms, intake forms, or other written consent channels. The program is used to send (a) transactional messages such as appointment reminders, setup-call notifications, account alerts, customer-service responses, and onboarding follow-ups, and (b) marketing & promotional messages such as offers, updates, and announcements from Performance Marketerz, only to recipients who separately opt in to marketing messages.

How to opt in. You opt in by checking the applicable SMS consent checkbox on our website form (transactional and/or marketing) and submitting your phone number. SMS consent is never a condition of purchase. Entering a phone number alone does not constitute consent to receive SMS.

Message frequency. Message frequency varies based on your activity and the messaging program you opted into.

Message and data rates. Message and data rates may apply. Standard message and data rates charged by your mobile carrier apply to all messages sent to or received from Performance Marketerz. Check with your carrier for details about your messaging plan.

HELP and STOP. Reply HELP at any time for help, or email us at admin@performancemarketerz.com. Reply STOP at any time to unsubscribe and stop receiving SMS messages from this program. After replying STOP you will receive one final message confirming your opt-out.

Age restriction. Our SMS program is intended for users 18 years of age or older. By opting in you represent that you are at least 18.

Privacy. Information you provide in connection with the SMS program is handled in accordance with our Privacy Policy. Mobile information and SMS opt-in data will not be shared with third parties or affiliates for marketing or promotional purposes.

Supported carriers and carrier liability disclaimer. The SMS program is available on major U.S. wireless carriers, including but not limited to AT&T, Verizon Wireless, T-Mobile, Sprint, U.S. Cellular, Boost, Cricket, MetroPCS, and their affiliates. Carriers are not liable for delayed or undelivered messages. Service may not be available on all carriers and may be interrupted, delayed, or unavailable due to factors outside our control, including carrier issues, device limitations, network coverage, or service outages.

Support. For questions, support, or to report an issue with the SMS program, contact admin@performancemarketerz.com.

10. Truthful Advertising and Client Claims

You are responsible for the truthfulness and legality of all claims about your business, products, services, prices, guarantees, testimonials, endorsements, results, credentials, certifications, availability, and offers.

You agree not to provide us with false, misleading, deceptive, unsubstantiated, infringing, unlawful, or harmful materials.

You are responsible for substantiating claims used in your marketing, including income claims, health claims, financial claims, performance claims, savings claims, comparative claims, testimonials, endorsements, guarantees, and before-and-after claims.

We may refuse to create, publish, or manage advertising or content that we believe may be unlawful, deceptive, misleading, harmful, unethical, or likely to violate platform policies.

11. Client Data and Confidentiality

We take client confidentiality seriously.

You may provide us with business information, customer information, lead information, advertising data, CRM data, financial information, platform access, strategy materials, trade secrets, login credentials, analytics, reports, customer lists, and other confidential or sensitive information.

We will use client confidential information only to provide services, operate our business, comply with law, protect rights, prevent fraud or abuse, and fulfill our contractual obligations.

We do not sell client data, company data, customer data, or the data of your customers for money.

We do not share your personal, company, customer, or end-customer data with third parties for their independent marketing purposes.

We may disclose data only as reasonably necessary to:

• Provide services to you.
• Operate campaigns, analytics, CRMs, automations, reporting, integrations, and support.
• Use vendors, contractors, subcontractors, software providers, advertising platforms, hosting providers, communication providers, and analytics providers needed to perform services.
• Follow your instructions.
• Comply with law, legal process, platform requirements, carrier requirements, or contractual obligations.
• Protect rights, property, safety, security, or integrity.
• Complete a business transaction such as a merger, acquisition, restructuring, or sale of assets, subject to confidentiality protections where applicable.

We will use commercially reasonable measures to protect client data and confidential information. However, no system or method of transmission is completely secure.

12. Data Modeling, Sentiment Analysis, and Research

Performance Marketerz may perform broad sentiment analysis, data modeling, benchmarking, trend analysis, internal research, market research, performance analysis, and related studies using information derived from client engagements, campaign results, surveys, analytics, or business interactions.

When we conduct this type of analysis, we will use reasonable efforts to protect confidentiality and anonymity.

Unless you provide express written permission, we will not include names, email addresses, phone numbers, account IDs, customer lists, individual customer records, or other direct contact information in research shared with outside researchers or private research partners.

We may share aggregated, anonymized, de-identified, or non-identifying insights with researchers, advisors, contractors, partners, or other private recipients, provided that the information is handled confidentially and is not reasonably designed to identify you, your business, your customers, or your customers’ customers.

We will not knowingly use data modeling, sentiment analysis, or research in a way that intentionally harms your business or exposes confidential customer information.

13. Privacy Policy

Our collection and use of personal information through our own website and business operations is described in our Privacy Policy.

Your use of our website and services is also subject to our Privacy Policy, which is incorporated into these Terms by reference.

If we process personal information on your behalf as part of providing services, the applicable proposal, statement of work, data processing agreement, or client agreement may contain additional terms.

14. Security and Account Access

You may provide us with access to advertising accounts, websites, CRMs, analytics platforms, tag managers, email systems, SMS systems, social media accounts, payment platforms, hosting accounts, or other systems.

You are responsible for:

• Granting access through secure methods where possible.
• Using role-based permissions where possible.
• Removing access when services end.
• Maintaining strong passwords and multi-factor authentication.
• Backing up your data and systems.
• Monitoring your own accounts for unauthorized access.
• Maintaining administrative ownership of your business-critical accounts whenever possible.

We are not responsible for losses caused by weak credentials, shared passwords, unauthorized users, compromised client systems, third-party breaches, or access changes made by you or others outside our control.

15. Independent Contractors and Subcontractors

Performance Marketerz may use employees, independent contractors, subcontractors, consultants, vendors, affiliates, or service providers to perform services.

We require subcontractors and independent contractors to follow confidentiality, data-protection, professional-conduct, and non-destructive-use obligations appropriate to the work they perform.

If a subcontractor or independent contractor knowingly or intentionally engages in destructive conduct toward your business, data, accounts, systems, or customers outside the authorized scope of work, that subcontractor or contractor is responsible for their own misconduct to the fullest extent allowed by law.

Our independent contractor agreements are intended to require subcontractors to indemnify and hold harmless Performance Marketerz and affected clients for losses caused by their own intentional misconduct, unauthorized destructive acts, fraud, theft, data misuse, or unlawful conduct.

Nothing in these Terms limits rights or remedies that cannot legally be limited. Nothing in these Terms prevents you from reporting suspected criminal conduct to law enforcement or pursuing legally available civil remedies.

16. No Intentional Destructive Conduct

Performance Marketerz will not knowingly or intentionally engage in destructive conduct toward your business.

For purposes of these Terms, “destructive conduct” means intentional, unauthorized conduct designed to damage, disable, delete, corrupt, misappropriate, expose, sabotage, or materially harm your business, systems, data, advertising accounts, websites, CRMs, intellectual property, customer relationships, or digital assets.

If Performance Marketerz knowingly and intentionally engages in destructive conduct that directly causes quantifiable losses to your business, you may pursue legally available remedies to recover direct, provable, and quantifiable losses, subject to applicable law and the limitations in these Terms.

This section does not apply to:

• Good-faith mistakes.
• Ordinary negligence.
• Platform errors.
• Failed campaigns.
• Poor ad performance.
• Tracking discrepancies.
• Account disapprovals or suspensions by third-party platforms.
• Client-approved changes.
• Actions taken at your instruction.
• Actions reasonably necessary to perform services.
• Termination, pausing, or suspension of services for non-payment, legal concerns, or policy violations.
• Losses caused by third parties, subcontractors acting outside authorized scope, or unauthorized users.
• Losses that are speculative, indirect, consequential, punitive, or not reasonably provable.

17. Intellectual Property

Your materials

You retain ownership of materials, data, trademarks, logos, content, customer lists, products, services, and intellectual property you provide to us.

You grant us a limited license to use your materials as necessary to provide services, manage campaigns, create deliverables, configure systems, and fulfill our obligations.

You represent that you have all rights necessary to provide your materials to us and authorize our use of them.

Our materials

We retain ownership of our pre-existing intellectual property, including methods, frameworks, templates, processes, know-how, strategies, systems, code libraries, documentation, training materials, creative concepts, automations, internal tools, checklists, SOPs, campaign structures, and proprietary methods.

Deliverables

Unless otherwise stated in writing, after you have paid all amounts due, you will receive a non-exclusive, worldwide license to use final deliverables created specifically for you for your internal business and marketing purposes.

We may reuse general knowledge, skills, concepts, methods, frameworks, templates, and non-confidential know-how developed or used during our work.

Unpaid work

We are not required to transfer ownership, access, licenses, source files, final files, credentials, or deliverables until all amounts due have been paid.

18. Portfolio, Case Studies, and Publicity

Because we value client confidentiality, we will not publicly identify you as a client, publish case studies about your business, use your logo, or disclose campaign performance publicly without your permission, unless the relationship or information is already public or otherwise permitted by written agreement.

If you approve a testimonial, case study, logo use, or public reference, you grant us permission to use the approved materials for marketing, sales, and portfolio purposes.

19. Fees, Payment, and Billing

Fees, billing schedules, payment terms, retainers, setup fees, project fees, commissions, performance fees, or other compensation will be described in the applicable invoice, proposal, statement of work, order form, or written agreement.

Unless otherwise stated in writing:

• Fees are due according to the invoice or agreement.
• Retainers are billed in advance.
• Setup fees are non-refundable once work begins.
• Monthly fees are not prorated unless agreed in writing.
• Advertising spend is separate from management fees.
• Third-party software and platform fees are your responsibility.
• Late payments may result in paused work, paused campaigns, withheld deliverables, or termination.
• You are responsible for reasonable collection costs, chargeback fees, and legal fees incurred to collect unpaid amounts where allowed by law.

20. Chargebacks and Payment Disputes

You agree to contact us first in good faith before initiating a chargeback or payment dispute.

Improper chargebacks may result in suspension or termination of services, withholding of unpaid deliverables, removal of access to PMZ-owned systems, and collection action.

This section does not limit any non-waivable consumer or business rights that apply under law.

21. Refunds and Cancellations

Refunds and cancellations are governed by the applicable proposal, invoice, statement of work, or written agreement.

Unless otherwise stated in writing:

• Completed work is non-refundable.
• Setup fees are non-refundable once work begins.
• Strategy, consulting, audits, implementation, and custom work are non-refundable once delivered or substantially performed.
• Monthly retainers are non-refundable once the billing period begins.
• Third-party costs, advertising spend, software fees, and platform charges are non-refundable.
• Cancellation does not eliminate your obligation to pay outstanding invoices or approved expenses.

22. Scope Changes

Any work outside the agreed scope may require a separate quote, change order, invoice, or written approval.

Examples of out-of-scope work may include additional pages, campaigns, platforms, integrations, automations, revisions, emergency support, custom development, copywriting, design, compliance review, technical troubleshooting, data cleanup, account recovery, or work caused by third-party platform changes.

23. Support and Communication

Our services are centered around fast and effective support.

We strive to respond promptly and professionally to client communications. Support channels, response expectations, availability, and priority levels may vary depending on your plan, agreement, and service scope.

Unless otherwise agreed in writing, support does not include 24/7 monitoring, emergency response, legal review, cybersecurity incident response, or unlimited revisions.

We may use email, phone, SMS, video calls, project-management tools, CRM messages, chat platforms, or other communication methods to support you.

24. Client Approvals

You may be asked to review and approve copy, creative assets, landing pages, tracking configurations, automations, campaigns, budgets, offers, messages, websites, or other materials.

Your approval may be express or implied by written confirmation, launch authorization, payment, lack of objection after a reasonable review period, or continued use of the deliverables.

We are not responsible for errors, omissions, claims, compliance issues, or performance issues in materials you approve or provide.

25. Acceptable Use

You agree not to use our website or services to:

• Violate any law or regulation.
• Infringe intellectual property rights.
• Send spam or unlawful marketing messages.
• Upload unlawful, misleading, deceptive, harmful, or infringing content.
• Promote scams, fraud, malware, phishing, hate, harassment, violence, or illegal activity.
• Misrepresent products, services, results, testimonials, reviews, credentials, pricing, or offers.
• Scrape, buy, sell, or misuse personal information unlawfully.
• Interfere with our systems or services.
• Attempt unauthorized access to systems or accounts.
• Use our services in a way that damages our reputation or violates platform policies.
• Ask us to perform unlawful, deceptive, destructive, or unethical work.

We may refuse, suspend, or terminate services if we believe your use violates these Terms, applicable law, third-party policies, or our ethical standards.

26. Artificial Intelligence and Automation

We may use artificial intelligence, automation, analytics tools, scripts, templates, or software systems to support strategy, research, copywriting, reporting, data analysis, workflow automation, and service delivery.

We will not knowingly input highly sensitive client data, customer lists, confidential credentials, or regulated data into third-party AI tools unless reasonably necessary, permitted by our agreement, protected by appropriate settings or contractual terms, or authorized by you.

You are responsible for reviewing and approving AI-assisted content before publication or use.

27. Compliance Is Shared

We may provide operational, technical, marketing, or strategic support, but we are not your law firm, compliance department, tax advisor, or financial advisor unless expressly stated in a separate written agreement.

You are responsible for obtaining legal review of your own privacy policies, terms, disclaimers, contracts, offers, claims, promotions, SMS programs, email programs, sweepstakes, industry-specific rules, data practices, and advertising materials.

We may recommend legal or compliance improvements, but our recommendations are not legal advice.

28. Termination

Either party may terminate services as described in the applicable agreement.

We may suspend or terminate services immediately if:

• You fail to pay amounts due.
• You breach these Terms.
• You provide false or unlawful materials.
• You ask us to perform unlawful, unethical, deceptive, or destructive work.
• Your campaign, list, product, service, or business practice creates legal, regulatory, platform, security, or reputational risk.
• A third-party platform restricts, suspends, or disables required access.
• Continuing work would be impractical, unsafe, unlawful, or commercially unreasonable.

Upon termination:

• You remain responsible for unpaid fees, approved expenses, third-party charges, and work already performed.
• We may revoke access to PMZ-owned systems, templates, tools, documents, dashboards, and proprietary materials.
• You are responsible for removing our access from your accounts.
• We may retain records as needed for legal, tax, accounting, security, dispute-resolution, and compliance purposes.

29. Effect of Non-Payment

If payment is late, failed, disputed, reversed, or unpaid, we may pause work, pause campaigns, withhold deliverables, delay launches, revoke access to PMZ-owned systems, or terminate services.

We are not responsible for losses resulting from paused services, paused campaigns, or withheld deliverables due to non-payment.

30. Disclaimer of Warranties

To the fullest extent allowed by law, our website and services are provided “as is” and “as available.”

We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted service, error-free operation, platform approval, campaign performance, revenue outcomes, lead volume, profit, or return on investment.

Some jurisdictions do not allow certain disclaimers, so some disclaimers may not apply to you.

31. Limitation of Liability

To the fullest extent allowed by law, Performance Marketerz will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or speculative damages, including lost profits, lost revenue, lost business opportunities, lost goodwill, lost data, lost advertising spend, platform restrictions, account suspensions, or reputational harm.

To the fullest extent allowed by law, our total liability for any claim arising out of or related to the services will not exceed the amount you paid to Performance Marketerz for the specific service giving rise to the claim during the three months before the event giving rise to liability.

This limitation does not apply to liability that cannot legally be limited, including liability for intentional destructive conduct by Performance Marketerz where such limitation is prohibited by law.

32. Indemnification

You agree to defend, indemnify, and hold harmless Performance Marketerz, its owners, members, managers, employees, contractors, subcontractors, vendors, agents, and affiliates from and against claims, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your breach of these Terms.
• Your products, services, offers, claims, guarantees, testimonials, or advertising materials.
• Your data, lists, leads, customer information, or consent practices.
• Your violation of law or third-party rights.
• Your violation of platform policies.
• Your failure to maintain required privacy policies, terms, disclaimers, consent language, or compliance records.
• Materials, instructions, or approvals you provide to us.
• Your misuse of our services.
• Disputes between you and your customers, prospects, vendors, partners, employees, or contractors.

33. Force Majeure

We are not responsible for delays or failures caused by events outside our reasonable control, including natural disasters, acts of God, war, terrorism, civil unrest, labor disputes, power outages, internet outages, cyberattacks, platform outages, government action, changes in law, pandemics, supplier failures, payment processor disruptions, or third-party platform changes.

34. Governing Law

These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law principles.

Unless otherwise required by law or agreed in writing, the courts located in Utah will have exclusive jurisdiction over disputes arising out of or related to these Terms or our services.

35. Dispute Resolution

Before filing a lawsuit, the parties agree to attempt in good faith to resolve disputes informally by written notice and discussion.

A party seeking to raise a dispute must send written notice describing the issue, requested resolution, and supporting information. The parties will then make a good-faith effort to resolve the dispute.

Nothing in this section prevents either party from seeking emergency injunctive relief, reporting suspected criminal conduct, pursuing collection of unpaid invoices, or taking action where delay would cause irreparable harm.

36. Arbitration and Class Action Waiver

Except for (a) claims for injunctive or equitable relief, (b) claims relating to intellectual property, confidentiality, or trade secrets, (c) collection of unpaid invoices, or (d) small-claims actions properly brought in the appropriate small-claims court, any dispute, claim, or controversy arising out of or relating to these Terms or our services that cannot be resolved through the informal process described in Section 35 shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect. The seat of arbitration shall be Utah, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver. To the fullest extent permitted by law, you and Performance Marketerz each agree that any dispute will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or mass-action proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

30-day opt-out. You may opt out of this arbitration and class action waiver section by sending written notice to admin@performancemarketerz.com within thirty (30) days of first accepting these Terms or first using our services, stating clearly that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

Nothing in this Section limits any non-waivable rights under applicable law, including the right to file an administrative complaint with a government agency.

37. DMCA and Copyright Agent

We respect intellectual property rights. If you believe content on a site we operate infringes your copyright, please send a notice that complies with 17 U.S.C. § 512(c) of the Digital Millennium Copyright Act, including:

• your physical or electronic signature;
• identification of the copyrighted work claimed to be infringed;
• identification of the allegedly infringing material and information sufficient to locate it;
• your contact information (address, phone, email);
• a statement of good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf.

Send notices to our designated copyright agent at admin@performancemarketerz.com with the subject line “DMCA Notice.” We may remove or disable access to allegedly infringing material and may terminate the accounts of repeat infringers in appropriate circumstances.

38. Children’s Data (COPPA)

Our website and services are intended for businesses and adults. They are not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 through our own properties. If you believe a child under 13 has provided personal information to us through our own website, contact us at admin@performancemarketerz.com and we will take reasonable steps to delete it.

Client must not provide, upload, or instruct Performance Marketerz to process personal information of children under 13 (or other age thresholds defined by applicable law, such as 16 under the GDPR or state privacy laws) without first disclosing the nature of the data in writing and obtaining Performance Marketerz’s written approval. Client is solely responsible for compliance with the Children’s Online Privacy Protection Act (COPPA), applicable state laws, and all parental consent and disclosure obligations relating to such data.

39. Notices

We may provide notices by email, website posting, invoice note, client portal message, mail, or other reasonable method.

You are responsible for keeping your contact information current.

Legal notices to Performance Marketerz should be sent to:

PERFORMANCE MARKETERZ, LLC
Email: admin@performancemarketerz.com

40. Changes to These Terms

We may update these Terms from time to time.

When we update these Terms, we will revise the “Last Updated” date. Updated Terms will apply going forward unless otherwise required by law or agreed in writing.

If you have an active written agreement with us, changes to these Terms will not materially reduce your rights under that agreement for services already paid for unless legally required or mutually agreed.

41. Severability

If any part of these Terms is found invalid, unlawful, or unenforceable, the remaining sections will remain in effect.

The invalid or unenforceable provision will be modified to the minimum extent necessary to make it enforceable, or removed if modification is not permitted.

42. No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce that provision later.

43. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, change of control, or transfer of business operations.

44. Entire Agreement

These Terms, together with any applicable proposal, invoice, statement of work, order form, service agreement, Privacy Policy, Data Processing Agreement, SMS Terms, or written addendum, form the entire agreement between you and Performance Marketerz regarding the services.

If there is a conflict between these Terms and a signed written agreement, the signed written agreement controls for that specific engagement.

45. Contact

For questions about these Terms, contact us at:

PERFORMANCE MARKETERZ, LLC
Email: admin@performancemarketerz.com

Data Processing & Regulated Data Addendum

Added on 06/23/2026 · May be used as a separate addendum or incorporated into the Master Services Agreement.

This Data Processing and Regulated Data Addendum applies when Performance Marketerz processes personal information, customer information, lead information, CRM data, marketing data, business data, or other data on behalf of a client.

1. Client Responsibility for Data

Client represents and warrants that Client has the legal right to collect, use, disclose, transmit, upload, store, process, and provide all data made available to Performance Marketerz.

Client is responsible for providing all required notices, obtaining all required consents, maintaining all required consent records, honoring all opt-outs, and complying with all laws applicable to Client’s business, customers, prospects, contacts, data, offers, products, services, marketing, advertising, and communications.

2. No Regulated Data Without Written Approval

Client must not provide, upload, transmit, store, or request that Performance Marketerz process regulated data unless Client has first disclosed the nature of the regulated data in writing and Performance Marketerz has agreed in writing to process it.

Regulated data includes, but is not limited to:

• protected health information or electronic protected health information under HIPAA;
• medical, health, treatment, patient, insurance, or clinical information;
• financial account information;
• payment-card data;
• Social Security numbers;
• government identification numbers;
• biometric information;
• children’s data;
• precise geolocation data;
• data subject to industry-specific or heightened legal obligations.

Performance Marketerz may refuse to process regulated data or may require additional agreements, compliance steps, platform configurations, security requirements, training, or fees before doing so.

3. HIPAA Disclosure Requirement

If Client is a healthcare provider, health plan, healthcare clearinghouse, business associate, subcontractor business associate, medical practice, dental practice, mental health provider, wellness provider, healthcare marketer, insurance-related business, or any other business that may be subject to HIPAA, Client must disclose that fact to Performance Marketerz in writing before providing any protected health information or electronic protected health information.

Client must also disclose in writing whether any data, leads, forms, landing pages, funnels, workflows, automations, CRM records, appointments, messages, emails, SMS/MMS messages, call recordings, notes, surveys, tags, custom fields, integrations, or uploaded files may contain protected health information or electronic protected health information.

4. HIPAA Configuration, BAA, and Fees

Performance Marketerz will not knowingly create, receive, maintain, transmit, or process protected health information or electronic protected health information on Client’s behalf unless:

• Client has disclosed its HIPAA status in writing;
• the parties have entered into any required Business Associate Agreement or HIPAA addendum;
• any required GoHighLevel / HighLevel HIPAA add-on, BAA, or HIPAA configuration has been activated;
• all required security settings, access controls, and platform configurations have been implemented;
• Client has paid all required HIPAA-related platform fees, surcharges, add-ons, and PMZ service fees.

Client is responsible for paying all HIPAA-related platform charges, including any GoHighLevel / HighLevel HIPAA compliance surcharge, account-level or sub-account-level HIPAA add-on, BAA-related fee, compliance configuration fee, audit logging fee, encryption fee, MFA-related requirement, or other platform charge associated with HIPAA handling.

Client also agrees to pay Performance Marketerz an additional monthly HIPAA handling and compliance-support fee in the amount set forth in the applicable order form, statement of work, invoice, or written agreement, unless otherwise stated in a signed written agreement.

HIPAA-related platform fees and PMZ HIPAA handling fees are separate from standard service fees, ad spend, usage fees, software charges, messaging charges, and other third-party costs.

If the HIPAA add-on or compliance configuration cannot be removed, downgraded, refunded, or disabled by the platform after activation, Client remains responsible for all ongoing related charges for as long as the platform imposes them or for as long as the account remains configured for HIPAA-related use.

5. Client HIPAA Obligations

Client is responsible for its own HIPAA compliance program, including, where applicable:

• HIPAA policies and procedures;
• workforce training;
• patient notices;
• consent and authorization practices;
• minimum necessary standards;
• risk assessments;
• access controls;
• breach-response procedures;
• retention requirements;
• audit controls;
• vendor review;
• Business Associate Agreements;
• review of all marketing, advertising, and communication practices involving PHI.

Performance Marketerz does not provide legal, medical, compliance, or HIPAA counsel. Any HIPAA-related support provided by Performance Marketerz is operational and technical only unless expressly stated in a separate written agreement.

6. No PHI in Non-HIPAA Systems

Client must not enter, upload, transmit, or store protected health information in any non-HIPAA-enabled system, workflow, form, field, funnel, website, email, SMS/MMS message, call recording, AI tool, integration, webhook, or third-party platform.

Client must not use non-HIPAA-enabled AI tools, email tools, SMS tools, automations, analytics tags, advertising pixels, integrations, or webhooks to process protected health information.

If Client does so without written approval from Performance Marketerz, Client accepts full responsibility for resulting claims, losses, investigations, penalties, breach notifications, remediation costs, and compliance obligations.

7. GoHighLevel / HighLevel Infrastructure

Client understands that GoHighLevel / HighLevel is a third-party platform and that Performance Marketerz does not own or control GoHighLevel / HighLevel’s servers, infrastructure, security systems, uptime, data centers, internal personnel, source code, platform architecture, or breach-response operations.

To the fullest extent allowed by law, Performance Marketerz is not responsible for outages, downtime, server failures, platform failures, lost data, lost inbound leads, failed message delivery, failed automations, security incidents, or data breaches that occur on or through GoHighLevel / HighLevel servers, systems, vendors, infrastructure, or platform-controlled environments, unless directly caused by Performance Marketerz’s gross negligence or willful misconduct.

8. HIPAA Indemnification

Client agrees to defend, indemnify, and hold harmless Performance Marketerz, its owners, members, managers, employees, contractors, subcontractors, vendors, and agents from and against any HIPAA-related claims, investigations, penalties, fines, damages, losses, costs, breach-notification expenses, remediation expenses, settlement amounts, attorneys’ fees, and regulatory actions arising out of or related to:

• Client’s failure to disclose its HIPAA status;
• Client’s failure to disclose that data may contain PHI or ePHI;
• Client’s upload or transmission of PHI into non-HIPAA-enabled systems;
• Client’s failure to maintain required HIPAA policies, notices, authorizations, consents, safeguards, or BAAs;
• Client’s instructions to process PHI in a non-compliant way;
• Client’s use of non-HIPAA-enabled third-party integrations, AI tools, pixels, ads, webhooks, forms, emails, SMS/MMS messages, or automations;
• Client’s employees, contractors, users, or agents accessing, disclosing, deleting, misusing, or mishandling PHI;
• Client’s own products, services, healthcare operations, patient communications, or marketing practices.

This indemnification does not apply to the extent a HIPAA-related claim is directly caused by Performance Marketerz’s gross negligence or willful misconduct.