Terms of Service

Effective September 28, 2026

These Terms govern your use of the marketwelllabs.com website and the marketing services provided by Danyon Goodermote, doing business as MarketWell Labs ("MarketWell Labs", "we", "us"). If you become a client, your signed service agreement or order form (the "Agreement") also applies. If the two conflict, the Agreement controls.

1. Our services

We provide AI-assisted marketing services, which may include social media content, paid advertising management on platforms such as Facebook and Instagram, review replies, search-engine content and reporting (the "Services"). The exact scope, fees and budgets for each client are set out in the Agreement.

2. Free previews

We may prepare free sample ads, posts and plans for a business ("Previews"). Previews are provided as-is for evaluation and are not published unless you become a client. Previews are based on publicly available information, which may be incomplete, so please tell us about anything that's inaccurate.

3. Your responsibilities

• Accurate information. You are responsible for the accuracy of the information you give us, including your services, prices, offers, licenses and claims.
• Rights to materials. You confirm you have the rights to any photos, logos, trademarks or other materials you give us, and you permit us to use them to provide the Services.
• Accounts. You keep ownership of your social, advertising and website accounts. You are responsible for keeping those accounts in good standing and for any access you grant us.
• Platform rules. Advertising and publishing are subject to each platform's own policies. Platforms may reject, limit or remove content or ads, or restrict accounts, at their discretion.
• Regulated industries. If your business is subject to advertising rules (for example healthcare, legal, financial services, housing, employment or alcohol), tell us so we can follow them, and review content where the law requires you to.

4. Ad spend and budgets

Advertising costs are charged by the ad platform directly to your ad account and are separate from our fees. We manage ads within the monthly budget cap you set. Platforms may occasionally spend slightly above a daily budget on individual days as part of their normal delivery. We monitor spend against your monthly cap and pause ads when it's reached. You can pause or stop ads at any time.

5. AI-generated content

We use artificial intelligence to help research, write, design, generate images and videos, and optimize your marketing, under rules we set. AI output can contain mistakes. We apply safeguards, including never inventing offers, prices or reviews, and you agree to let us know promptly if anything published is inaccurate so we can fix it. Where a platform or law requires AI-generated content to be labeled, we will label it.

6. Fees and payment

Fees, billing dates and any setup charges are set out in the Agreement. Unless the Agreement says otherwise, Services are billed monthly in advance, and you may cancel at the end of any billing period. Late or failed payments may lead us to pause the Services, including active ads.

7. Ownership

• Your content. Once you have paid for them, you own the posts, ads, images, videos and articles we create specifically for you, to the extent the law allows. Some AI-generated material may not be eligible for copyright protection.
• Our platform. We keep all rights in our software, systems, templates, prompts and methods. Some creative styles are adapted from third-party resources used under their licenses, including Creative Commons licenses.
• Examples. We may show non-confidential examples of work we've made for you in our marketing unless you ask us not to.

8. No guarantee of results

Marketing results depend on many things outside our control, including your market, pricing, platform algorithms and competition. We do not guarantee any particular number of customers, sales, leads, rankings or return on ad spend.

9. Disclaimers

Except as expressly stated in the Agreement, the website, Previews and Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue, including losses caused by platform decisions, account restrictions or ad performance. Our total liability for any claim relating to the Services is limited to the fees you paid us in the three months before the claim arose. Ad spend paid to platforms does not count toward this amount.

11. Indemnity

You agree to defend and indemnify us against claims arising from the information or materials you provide, your products or services, or your violation of these Terms or the law.

12. Termination

Either party may end the Services as described in the Agreement. When they end, we will stop publishing and pause ads we manage, remove our access at your request, and handle your data as described in our Privacy Policy.

13. Governing law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-law rules. Any dispute will be brought in the state or federal courts located in North Carolina, and both parties consent to their jurisdiction.

14. Changes

We may update these Terms by posting a new version with a new effective date. For clients, material changes take effect at the next billing period after notice.

15. Contact

Danyon Goodermote, doing business as MarketWell Labs
Raleigh, North Carolina
[email protected]