These Terms and Conditions (“Terms”) constitute a legally binding agreement between Fruity Lead Inc. DBA Tattoo Removal Marketing, a corporation incorporated under the laws of Canada (“Agency”, “we”, “us”), and the client engaging our services (“Client”, “you”).
By signing a Service Agreement, paying an invoice, or otherwise engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.
The Agency agrees to provide the marketing services described in the applicable Statement of Work (SOW), Proposal, or Service Agreement (collectively, the “Services”).
The Agency acts as an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
The Client acknowledges that the Services may involve the use of third-party platforms (e.g., Meta/Facebook, Google, TikTok, HighLevel). The Agency has no control over these platforms’ policies, algorithms, or terms of service. The Agency is not responsible for any account suspensions, ad disapprovals, or bans imposed by third-party platforms.
If the Agency provides the Client with access to proprietary or third-party software (e.g., a CRM, Client Portal, or Lead Management Dashboard), the Agency grants the Client a limited, non-exclusive, non-transferable, revocable license to use such software solely for the duration of the agreement.
The Agency does not guarantee that access to such software will be uninterrupted or error-free. We are not liable for any downtime, data loss, or technical issues caused by third-party software providers (e.g., GoHighLevel, Twilio, Mailgun).
The Client agrees to provide all necessary access (e.g., to Ad Accounts, Website backends) and creative assets (images, logos, videos) required for the Agency to perform the Services. Delays in providing these items may result in delays in the Services without penalty to the Agency.
The Client is solely responsible for ensuring that all marketing materials, claims, and offers comply with:
The Agency is a marketing provider, not a legal or medical compliance expert. We do not verify the medical accuracy of the content you approve.
(a) Initial Approval: The Client must approve the initial campaign strategy and core creative concepts before launch. (b) Ongoing Optimization: To ensure campaign performance, the Client grants the Agency the authority to make ongoing modifications to live campaigns (including bid adjustments, audience targeting tweaks, and creative variations) without prior approval. (c) Objection: The Client may review active ads at any time. If the Client objects to a specific ad or change, they must notify the Agency in writing, and the Agency will remove or edit the asset within [1] business day.
The Client agrees to pay the fees set forth in the Service Agreement. All fees are quoted in [US Dollars / Canadian Dollars – CHOOSE ONE] unless otherwise stated.
The Agency reserves the right to pause or suspend all Services if an invoice remains unpaid for more than [7] days past the due date.
The Client retains ownership of all pre-existing intellectual property (IP), including logos, trademarks, and images provided to the Agency. You grant us a non-exclusive license to use these materials solely to perform the Services.
The Agency retains ownership of its proprietary methodologies, pre-existing code, templates, frameworks, and “know-how” used to deliver the Services.
Upon full payment of all fees, the Agency grants the Client:
The Agency retains the right to display the Client’s name, logo, and a description of the Services performed in the Agency’s marketing materials, case studies, and website portfolio, solely for the purpose of demonstrating our work.
Marketing results (leads, bookings, ROI, ROAS) vary based on market conditions, seasonality, and brand reputation. The Agency expressly disclaims any guarantee of specific results. We do not guarantee that the Services will generate a specific number of new patients or a specific dollar amount of revenue.
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Agency disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
THIS SECTION IS CRITICAL. PLEASE READ.
To the maximum extent permitted by applicable law, the Agency’s total cumulative liability to the Client for any claims arising out of or related to these Terms (whether in contract, tort, negligence, or otherwise) shall be limited to the total amount of fees actually paid by the Client to the Agency in the three (3) months immediately preceding the event giving rise to the claim.
In no event shall the Agency be liable for any indirect, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, or loss of data, even if advised of the possibility of such damages.
The Client agrees to indemnify, defend, and hold harmless the Agency, its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, losses, and expenses (including legal fees) arising out of:
During the term of the agreement and for a period of [12] months following its termination, the Client agrees not to directly or indirectly solicit, hire, or engage any employee or contractor of the Agency who has been involved in providing the Services.
Both parties agree to keep confidential all non-public information disclosed by the other party (“Confidential Information”). This includes business strategies, patient lists, and proprietary data. Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law.
The initial term of the agreement is defined in the Service Agreement. Unless otherwise specified, the agreement automatically renews on a month-to-month basis.
Either party may terminate the agreement by providing [30] days’ written notice.
These Terms shall be governed by and construed in accordance with the laws of the Province of [Your Province] and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts located in [Your City, Province].
Neither party shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, internet outages, war, terrorism, or pandemics.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
These Terms, combined with the Service Agreement/Proposal, constitute the entire agreement between the parties and supersede all prior agreements or understandings.
The parties have expressly requested that these Terms and all related documents be drawn up in English. Les parties ont expressément demandé que les présentes modalités et tous les documents s’y rattachant soient rédigés en anglais.
If you have questions regarding these Terms, please contact us at:
Tattoo Removal Marketing tattooremovalmarketing@gmail.com
