# Terms and Conditions

**Effective Date: July 16, 2025**

These Terms and Conditions (“Terms”) govern your access to and use of the website at wysmartdigital.com (the “Website”), our digital marketing services, client customer data management systems, and any related products or features provided by WySMart Digital (“we,” “our,” or “us”). By accessing or using our Website or services, you agree to be bound by these Terms. If you do not agree, please do not use our Website or services.

We provide digital marketing solutions, including but not limited to targeted advertising via platforms like Google Ads, email and SMS marketing campaigns, customer relationship management (CRM), and artificial intelligence (AI)-driven analytics. Our services may integrate third-party tools such as GoHighLevel for marketing automation, funnel building, CRM functionalities, appointment scheduling, and communication tools to enhance client campaigns and customer interactions.

These Terms incorporate by reference our Privacy Policy, available at wysmartdigital.com/privacy-policy, which details how we handle personal information, including contact data privacy.

## 1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our services. By using our services, you represent that you meet these requirements.

## 2. Services and Third-Party Integrations

– **Description of Services**: We offer professional digital marketing, including strategy development, ad management, content creation, SEO, social media marketing, email/SMS campaigns, and AI-powered insights. We use tools like Google Ads, Google Analytics, and AI algorithms to optimize performance and learn from user data.
-*** Our services may utilize third-party platforms, for features such as CRM, automated workflows, lead nurturing, reputation management, and multi-channel communication (e.g., email, SMS, voice calls). By engaging our services, you authorize us to access and process your data through third party platforms on your behalf, subject to their terms and our Privacy Policy. We ensure all integrations comply with applicable laws and best practices.
– **AI Usage**: We employ AI technologies to analyze data, predict trends, personalize marketing, and automate processes. AI outputs are used to improve campaign efficiency but are not guaranteed to be error-free.
– **Client Responsibilities**: If you are a client providing customer data, you warrant that you have obtained all necessary consents for data sharing and processing, including opt-ins for marketing communications.

## 3. Marketing Best Practices and Compliance

We adhere to industry best practices and legal requirements for all marketing activities to protect user privacy and prevent spam. Key practices include:

– **Opt-In Requirements**: All email, SMS, and other marketing communications require explicit opt-in consent from recipients. We recommend and implement double opt-in processes where users confirm their subscription via a secondary action (e.g., clicking a confirmation link). Opt-ins must be voluntary, informed, and documented, including details on what communications will be sent and how data will be used.
– **Unsubscribe and Opt-Out**: Every marketing email or SMS includes a clear, easy-to-use unsubscribe mechanism. We honor opt-out requests promptly (within 10 business days for emails under CAN-SPAM Act) and suppress unsubscribed contacts from future campaigns.
– **Email Marketing**: Communications comply with the CAN-SPAM Act (U.S.), CASL (Canada), GDPR (EU), and similar laws. Emails include our physical address, accurate headers, and no deceptive subject lines. We do not send unsolicited commercial emails.
– **SMS and Telemarketing**: For SMS or voice campaigns via GoHighLevel or similar tools, we comply with the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, requiring prior express written consent for automated messages. Messages include opt-out instructions (e.g., “Reply STOP to unsubscribe”).
– **Contact Information Privacy**: All contact data (e.g., emails, phone numbers, addresses) is handled confidentially per our Privacy Policy. We do not share, sell, or rent contact lists without consent. Clients must ensure their provided data complies with privacy laws, and we may audit for compliance.
– **Data Accuracy and Suppression**: We maintain accurate records, honor do-not-contact lists (e.g., National Do Not Call Registry), and use suppression files to avoid contacting opted-out individuals.
– **Anti-Spam Measures**: We prohibit and monitor for spam-like activities, including high bounce rates or complaints. Violations may result in service suspension.
– **International Compliance**: For global campaigns, we apply the strictest applicable standards, such as GDPR’s lawful basis for processing (e.g., consent or legitimate interest) and CCPA/CPRA rights for California residents.

Failure to comply with these practices may lead to termination of services. Clients indemnify us against claims arising from their non-compliant data or instructions.

## 4. User Accounts and Registration

To access certain services, you may need to create an account. You agree to provide accurate information and keep your credentials secure. You are responsible for all activities under your account.

## 5. Intellectual Property

All content on our Website and services, including text, graphics, logos, AI-generated insights, and software, is owned by us or our licensors and protected by copyright, trademark, and other laws. You may not copy, modify, or distribute our IP without permission. Clients retain ownership of their provided content, but grant us a license to use it for service delivery.

## 6. User Content and Data

You may submit content or data for our services. You warrant it does not infringe third-party rights and complies with laws. We are not responsible for user content but may remove objectionable material.

## 7. Prohibited Activities

You agree not to:
– Use our services for illegal purposes, spam, or harassment.
– Reverse-engineer AI tools or GoHighLevel integrations.
– Transmit viruses or harmful code.
– Impersonate others or provide false information.
– Violate privacy or marketing laws.

## 8. Payments and Fees

If applicable, fees are outlined in your service agreement. Payments are non-refundable except as specified. We may use third-party processors; their terms apply.

## 9. Termination

We may terminate or suspend services for violations of these Terms, non-payment, or at our discretion with notice. Upon termination, you must cease using our services, and we may delete your data per our retention policy.

## 10. Disclaimers and Limitations of Liability

Services are provided “as is” without warranties. We disclaim implied warranties of merchantability or fitness. We are not liable for indirect, consequential, or punitive damages. Our total liability is limited to fees paid in the prior 12 months.

AI and marketing outcomes depend on various factors; we do not guarantee results.

## 11. Indemnification

You agree to indemnify us against claims arising from your use of services, provided data, or violations of these Terms.

## 12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [Insert State, e.g., Delaware], USA, without regard to conflicts of law. Disputes shall be resolved through binding arbitration in [Insert City], or courts if arbitration is unenforceable.

## 13. Changes to Terms

We may update these Terms; changes are posted on our Website. Continued use constitutes acceptance.

## 14. Contact Us

For questions, contact:

WySMart Digital
Email: [email protected]
Website: wysmartdigital.com