Terms of Service

1. Acceptance of Terms

By accessing or using the Exxel Digital website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms form a legally binding agreement between you and Exxel Digital.

2. Description of Services

Exxel Digital provides digital marketing and growth services, including but not limited to:

• Paid advertising across Google, Meta, TikTok, and LinkedIn.
• Search engine optimization (SEO).
• Web design and development.
• Branding and identity.
• Email marketing and automation.
• AI automation for lead follow-up, qualification, and appointment booking.
• SMS marketing campaigns compliant with A2P 10DLC standards.

3. SMS Marketing Terms & Conditions (A2P 10DLC Compliance)

By opting into our SMS program, you agree to the following terms:

• Consent: You explicitly consent to receive recurring automated marketing and transactional SMS messages from Exxel Digital at the telephone number you provided. Consent is not a condition of any purchase.
• Message frequency: Message frequency varies based on your engagement and campaign activity.
• Carrier fees: Standard message and data rates may apply. Check with your wireless carrier for details.
• Opt-out: Reply "STOP," "END," "CANCEL," "UNSUBSCRIBE," or "QUIT" to any message to opt out. You will receive a single confirmation reply. Reply "HELP" or "INFO" for support.
• Eligibility: You must be at least 18 years old and the authorized account holder of the phone number provided.
• Accuracy: You are responsible for providing an accurate, valid mobile number. Exxel Digital is not liable for messages sent to incorrect or reassigned numbers.
• Carrier liability: We are not responsible for delayed, failed, or misdirected messages due to carrier issues, network limitations, or device incompatibility.
• Prohibited content: We do not send SMS content related to SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) regulated categories or any content prohibited under A2P 10DLC campaign guidelines.

4. Client Responsibilities

To enable us to deliver services effectively, you agree to:

• Provide accurate and timely information, access to accounts, and assets required for campaigns.
• Maintain compliance with platform policies (Google Ads, Meta, TikTok, LinkedIn) for your accounts.
• Obtain proper consent from contacts before providing phone numbers for SMS campaigns.
• Respond promptly to requests for approval, feedback, or creative direction.
• Ensure that any content or claims you authorize for use comply with applicable laws.

5. Payment Terms

Fees for services are outlined in your service agreement or proposal. Unless otherwise stated, invoices are due upon receipt. Late payments may result in suspension of services. Ad spend and third-party platform fees are billed separately and are the client's responsibility. All fees are non-refundable except where required by law.

6. Intellectual Property

Upon full payment, the client receives ownership of final deliverables created specifically for them (e.g., website code, ad creatives, brand assets). Exxel Digital retains ownership of its proprietary methodologies, templates, frameworks, and any pre-existing intellectual property. We may use completed work in our portfolio unless otherwise agreed in writing.

7. Results Disclaimer

Exxel Digital does not guarantee specific results, revenue, lead volume, or return on ad spend. Marketing performance depends on many factors outside our control, including market conditions, product or service quality, pricing, and sales execution. Any metrics or case studies presented are illustrative and not a guarantee of future performance.

8. Confidentiality

Both parties agree to keep confidential any non-public information shared during the course of engagement, including business strategies, financial information, and customer data. This obligation survives termination of the service relationship.

9. Limitation of Liability

To the maximum extent permitted by law, Exxel Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from or related to the use of our services. Our total liability for any claim shall not exceed the amount paid by the client for the service giving rise to the claim in the three months preceding the event.

10. Termination

Either party may terminate services with the notice period specified in the service agreement. Upon termination, the client is responsible for all fees incurred up to the termination date. SMS campaigns will be discontinued immediately upon termination, and opt-out preferences will be honored.

11. Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the applicable courts.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. We will post the updated Terms on this page with a revised "Last updated" date. Continued use of our services after changes constitutes acceptance of the updated Terms.

13. Contact Us

If you have questions about these Terms, please contact us at hello@exxeldigital.com.