Relevant — Terms of Service

“Agreement” means these Terms together with the Client’s signed Service Order, which together form the entire agreement between the parties.

“Service Order” means the separate ordering document signed by the parties that specifies the Client’s selected plan, contract term, fees, and Agreed Impressions, and which incorporates and is governed by these Terms.

“Services” means the marketing and advertising activities described in Section 2.

“Agreed Impressions” means the specific number of advertising impressions the parties agree Relevant will deliver for the Client’s selected plan, as stated in the signed Service Order.

“Client Materials” means any content, claims, offers, trademarks, logos, product information, or other materials you provide to us or approve for use in a campaign.

“Lead Data” means information submitted by prospective customers through a landing page or advertisement managed by Relevant on your behalf.

“Third-Party Platforms” means advertising and technology platforms Relevant does not own or control, including but not limited to Meta (Facebook/Instagram) and Google, through which campaigns are delivered.

Relevant provides marketing and advertising services that may include: the creation of a custom single-page image advertisement featuring a call to action; the setup and management of a landing page (a temporary lead-capture page) linked to the advertisement; and the management of the advertising campaign, including audience targeting, using data and tools available from Third-Party Platforms. Relevant handles the design, setup, and execution of these campaigns and landing pages and manages the Lead Data captured through them, as further described in Section 12.

The parties expressly agree that the sole contractual deliverable and sole guarantee under this Agreement is the delivery of the Agreed Impressions, as set forth in Section 3. All other activities described above are the means by which Relevant delivers the Agreed Impressions and are performed on a commercially reasonable, best-efforts basis without warranty of any result.

Relevant performs the Services as an independent contractor. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship between the parties.

(a) Sole Deliverable. The sole and exclusive deliverable under this Agreement is Relevant’s delivery of the Agreed Impressions stated in the signed Service Order. Relevant’s entire performance obligation is satisfied upon delivery of the Agreed Impressions. In exchange for the fees paid, the Client is purchasing the delivery of the Agreed Impressions and nothing more.

(b) No Guarantees of Results. Other than delivery of the Agreed Impressions, Relevant makes no guarantee, representation, or warranty of any kind. Without limitation, Relevant does not guarantee any sales, revenue, profit, leads, inquiries, form submissions, phone calls, clicks, conversions, customer actions, audience reach, engagement, search ranking, or return on investment, nor any other business, marketing, or financial outcome. The Client acknowledges that advertising results depend on numerous factors outside Relevant’s control, including the Client’s own products, pricing, offers, market conditions, and the acts of Third-Party Platforms.

(c) No Consultation or Professional Advice. Relevant does not provide, and this Agreement does not include, business consulting, marketing strategy, legal, financial, or other professional consultation or advice. Any general information Relevant may share is provided for convenience only, does not constitute advice, and shall not be relied upon as such.

(d) No Reliance on Oral or Extra-Contractual Statements. The Client acknowledges that it has not relied upon, and Relevant shall not be bound by, any statement, projection, estimate, forecast, sample, or representation concerning results, performance, or outcomes that is not expressly set forth in these Terms or in a signed Service Order. Any impression commitment discussed verbally (including during a telephone conversation) is not binding unless and until it is stated as the Agreed Impressions in a signed Service Order.

The Client agrees to a fixed contract term of either six (6) or twelve (12) months, as selected in the signed Service Order (the “Initial Term”). Except as required by applicable law, the Client is committed to the full Initial Term, and early termination for convenience is not permitted.

Unless either party provides written notice of non-renewal at least thirty (30) days before the end of the then-current term, this Agreement automatically renews for successive terms of equal length at Relevant’s then-current rates. Relevant will provide notice of any rate change before a renewal term begins, as described in Section 6.

Termination for cause. Either party may terminate this Agreement if the other materially breaches it and fails to cure within fifteen (15) days after written notice. If Relevant terminates for the Client’s uncured breach, all fees for the remainder of the Initial Term become immediately due. If the Client terminates for Relevant’s uncured material breach, the Client’s obligation to pay fees for services not yet rendered ends as of the effective termination date.

Relevant offers service contracts in 6- and 12-month terms at monthly rates of $250, $500, and $1,000. Each plan corresponds to a specified number of Agreed Impressions. The plan, term, fees, and exact Agreed Impressions are set forth in the Client’s signed Service Order, which is incorporated into this Agreement by reference. In the event of a conflict between these Terms and a signed Service Order regarding plan, term, fees, or Agreed Impressions, the Service Order controls.

Payments are due monthly in advance unless otherwise stated in the Service Order or invoice. You authorize Relevant to charge the payment method on file for all recurring fees.

If any amount remains unpaid ten (10) days after its due date, Relevant may suspend the campaign without liability, and a late charge of one and one-half percent (1.5%) per month (or the maximum permitted by law, if lower) will accrue on the overdue balance. Suspension does not relieve you of your payment obligations for the remainder of the term. If collection becomes necessary, you agree to pay reasonable costs of collection, including attorneys’ fees.

Changes in fees. Relevant may adjust its rates and plan structure effective as of the first day of any renewal term, on prior written notice (by email or through your account). If you do not agree to a change, your remedy is to provide notice of non-renewal under Section 4.

This Section supplements Section 3. Relevant’s only warranty is that it will deliver the Agreed Impressions specified in the Service Order.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND RELEVANT EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR TRADE USAGE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RELEVANT CREATES ANY WARRANTY.

The Services depend on Third-Party Platforms that Relevant does not own or control. You acknowledge that these platforms may change their policies, pricing, algorithms, or availability; may reject, throttle, or remove advertisements; and may suspend or terminate accounts. Relevant is not liable for any act, omission, policy change, outage, or account action of a Third-Party Platform.

If Relevant fails to deliver the Agreed Impressions for any reason, the Client’s sole and exclusive remedy, and Relevant’s entire liability, is, at Relevant’s election, either (i) delivery of the shortfall in impressions during a subsequent period, or (ii) a pro-rata credit for the undelivered portion of the Agreed Impressions. Where campaigns require ad spend paid to a Third-Party Platform, responsibility for that spend, and for any overspend or underspend, lies with the party designated in the Service Order; if Relevant manages the budget on your behalf, you agree to hold Relevant harmless for good-faith budget-pacing decisions.

You agree to:

You will not use, and will not ask Relevant to use, the Services to advertise, promote, or facilitate any of the following: unlawful, fraudulent, or deceptive goods, services, or schemes; content that infringes another party’s intellectual property; harassing, defamatory, obscene, or otherwise objectionable content; or any category prohibited by an applicable Third-Party Platform.

Where a campaign or landing page collects contact information for follow-up messaging (including SMS or email), you are solely responsible for ensuring that any consent, opt-in, opt-out, and sender-identification requirements under applicable law (including the TCPA and CAN-SPAM Act) are met. Relevant may suspend or decline any campaign it reasonably believes violates this Section or applicable law.

All advertisements, designs, landing pages, and other creative assets developed by Relevant (“Relevant Work Product”) remain the property of Relevant during the contract term. Upon completion of your contract and payment of all amounts due, you may request assignment of specified creative assets, subject to Relevant’s approval and any applicable transfer fee. Third-party components (such as stock imagery, fonts, or platform tools) are licensed, not sold, and remain subject to their own terms.

You retain all rights in your Client Materials and grant Relevant a non-exclusive, royalty-free license to use them solely to perform the Services. You grant Relevant the right to reference your name and logo and to describe the engagement in its portfolio and marketing materials unless you opt out in writing.

With respect to Lead Data collected through your campaigns, you are the data controller and Relevant acts as a service provider/processor that handles such data according to your instructions and applicable law. Relevant will make Lead Data available to you and may also retain it in de-identified or aggregated form for analytical, operational, and service-improvement purposes.

Each party will comply with applicable data-protection and privacy laws, including, as applicable, the California Consumer Privacy Act (CCPA/CPRA) and other U.S. state privacy laws. You are responsible for maintaining a privacy policy on any landing page as required by law and Third-Party Platform policies, and for honoring consumer rights requests relating to Lead Data. Relevant will reasonably assist you in responding to such requests.

Relevant employs commercially reasonable administrative, technical, and physical safeguards designed to protect data against unauthorized access, use, or disclosure. However, no method of transmission or storage is completely secure, and Relevant does not guarantee absolute security.

Each party may receive non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information”). Each party will use the other’s Confidential Information only to perform under this Agreement and will protect it with at least reasonable care. This obligation does not apply to information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law.

You will defend, indemnify, and hold harmless Relevant and its owners, employees, contractors, and affiliates from and against any claims, damages, liabilities, penalties, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Client Materials, products, services, claims, or offers; (b) your breach of this Agreement or violation of applicable law; (c) your handling of Lead Data after it is delivered to you; or (d) your use of any deliverable in a manner not authorized by this Agreement.

TO THE FULLEST EXTENT PERMITTED BY LAW, RELEVANT AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEVANT’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO RELEVANT UNDER THE THEN-CURRENT CONTRACT TERM. THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

Except where a refund is required by applicable law, all payments made to Relevant are non-refundable, and no prorated adjustments will be made for early cancellation or dissatisfaction. This reflects the fixed costs Relevant incurs in staffing, creative development, and committing ad delivery on your behalf. Nothing in this Section limits any non-waivable remedy under applicable consumer-protection law.

During the term and for twelve (12) months afterward, you will not directly or indirectly solicit for employment or engagement any Relevant employee or contractor who provided services to you, without Relevant’s prior written consent. General advertising not targeted at such individuals is not a breach of this Section.

You consent to receive service-related communications from Relevant by phone, email, and text. Calls and web meetings may be monitored or recorded for quality, training, and record-keeping purposes, and your continued participation constitutes consent to such recording.

Relevant is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, governmental action, or the acts or omissions of Third-Party Platforms.

This Agreement is governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. Subject to Section 21, the exclusive venue for any dispute is the state or federal courts located in Salt Lake County, Utah, and each party consents to personal jurisdiction there.

The parties will first attempt to resolve any dispute informally through good-faith negotiation. If unresolved within thirty (30) days, the dispute will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Salt Lake County, Utah. Judgment on the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive relief in court to protect its intellectual property or Confidential Information. The prevailing party in any dispute is entitled to recover its reasonable attorneys’ fees and costs. Each party waives any right to a jury trial and any right to participate in a class, collective, or representative action.

Relevant may update these Terms from time to time by posting a revised version on its website. Changes apply to new Service Orders and to renewals after the effective date. Changes to the terms of a signed, in-progress Service Order will not take effect until the current term renews, unless both parties agree in writing or the change is required by law.

You may not assign or transfer this Agreement without Relevant’s prior written consent. Relevant may assign this Agreement in connection with a merger, acquisition, or sale of assets. This Agreement binds and benefits the parties and their permitted successors and assigns.

If any provision of this Agreement is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. A party’s failure to enforce any right is not a waiver of that right. These Terms, together with the signed Service Order, constitute the entire agreement between the parties and supersede all prior or contemporaneous discussions, proposals, and representations, whether oral or written. The Client acknowledges that it has had the opportunity to review this Agreement with counsel of its choosing. Sections 3, 7, 11–17, 20, 21, and 24 survive any termination of this Agreement.

For questions regarding these Terms or your Services, contact us at: relevancemarketing.jace@gmail.com — https://www.buyrelevant.com