Terms of Service

These Terms of Service govern your use of the AdPinnacle website and the marketing services we provide. Please read them carefully.

1. Acceptance of these Terms

These Terms of Service (the “Terms”) are a binding agreement between you and AdPinnacle (“AdPinnacle,” “we,” “us,” or “our”). They apply to your access to and use of the website located at adpinnaclegroup.com and any related pages, content, and features (the “Website”), and to any marketing, advertising, or related services we provide to you (the “Services”).

By accessing the Website or engaging us for Services, you agree to be bound by these Terms. If you do not agree, please do not use the Website or the Services. If you are entering into these Terms on behalf of a company or other entity, you represent that you have the authority to bind that entity.

2. Definitions

“Client” means any person or entity that engages AdPinnacle for Services. “Deliverables” means the reports, creative assets, campaigns, strategies, and other work product we provide as part of the Services. “Client Materials” means logos, trademarks, content, data, credentials, and other materials a Client provides to us for use in performing the Services. “Third-Party Platforms” means advertising, analytics, social media, email, hosting, and other services operated by third parties that we use to deliver the Services.

3. Our Services

AdPinnacle is a marketing agency that may provide services including, but not limited to, digital advertising and campaign management, search engine and social media marketing, content and creative development, email marketing, analytics and reporting, marketing strategy, and related consulting. The specific scope, timeline, and deliverables for any engagement will be described in a separate proposal, statement of work, order form, or similar document agreed between you and AdPinnacle (a “Service Agreement”).

4. Engagement & Separate Agreements

These Terms apply generally to your use of the Website and to your relationship with us. Where you engage us for Services, a Service Agreement will govern the specific details of that engagement. If there is a conflict between these Terms and a signed Service Agreement, the signed Service Agreement controls with respect to the subject matter it covers.

5. Client Responsibilities

To allow us to perform the Services, you agree to provide accurate, complete, and timely information, approvals, feedback, and Client Materials; to ensure you hold all rights, licenses, and permissions necessary for us to use the Client Materials and to run campaigns on your behalf; to comply with all applicable laws and with the terms, policies, and advertising guidelines of any Third-Party Platform used in connection with the Services; to maintain any accounts, funding, or budgets required to operate advertising campaigns; and to cooperate reasonably and designate a point of contact with authority to make decisions. Delays or inaccuracies in the information or approvals you provide may affect timelines and results, and are not the responsibility of AdPinnacle.

6. Fees & Payment

Fees for the Services, and the payment schedule, will be set out in the applicable Service Agreement. Unless otherwise stated, fees are exclusive of applicable taxes and of any third-party costs such as advertising spend, media buys, software subscriptions, or stock assets, which are your responsibility. Invoices are due as stated in the Service Agreement, and late amounts may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law. We may suspend Services for accounts that are past due. Except as required by law or expressly stated in a Service Agreement, fees paid are non-refundable.

7. Third-Party Platforms

The Services often rely on Third-Party Platforms such as Google, Meta, Microsoft, and similar advertising, analytics, and email providers. Your use of those platforms is subject to their own terms and policies, and AdPinnacle does not control and is not responsible for their availability, decisions, pricing, algorithm changes, account suspensions, or actions. We are not liable for any loss arising from a Third-Party Platform’s conduct, outage, or policy enforcement.

8. No Guarantee of Results

Marketing and advertising outcomes depend on many factors outside our control, including market conditions, competition, your products and pricing, budget levels, and the policies and algorithms of Third-Party Platforms. While we perform the Services with reasonable skill and care and in line with industry practice, AdPinnacle does not guarantee any specific results, including rankings, impressions, clicks, leads, conversions, sales, revenue, or return on investment. Any examples, forecasts, or projections we share are illustrative only and are not a promise of performance.

9. Intellectual Property

The Website and its content, and all Deliverables and materials we create, together with our pre-existing methods, templates, know-how, and tools, are and remain the property of AdPinnacle and its licensors until, and except as, otherwise agreed. Upon full payment of all amounts due for a given Deliverable, and unless a Service Agreement states otherwise, we grant you a non-exclusive, worldwide license to use that Deliverable for your internal business and marketing purposes. You retain ownership of your Client Materials and grant us a license to use them as needed to perform the Services. We may, unless you object in writing, reference your name and non-confidential campaign results in our portfolio and marketing.

10. Confidentiality

Each party may receive confidential information from the other. Each party agrees to use the other’s confidential information only to perform under these Terms or a Service Agreement, to protect it with reasonable care, and not to disclose it to third parties except to employees, contractors, and advisors who need it and are bound by similar obligations. This does not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is required to be disclosed by law.

11. Acceptable Use of the Website

When using the Website, you agree not to use it for any unlawful purpose; attempt to gain unauthorized access to any part of it or related systems; introduce viruses or malicious code; scrape, harvest, or collect data except as expressly permitted; interfere with its normal operation; or reproduce, distribute, or create derivative works from its content without our permission. We may suspend or terminate access to the Website for any user who violates these Terms.

12. Term & Termination

These Terms apply for as long as you use the Website or receive Services. The term and termination of any specific engagement are governed by the applicable Service Agreement. Either party may terminate an engagement as provided in the Service Agreement or, if none specifies, on 30 days’ written notice. Upon termination you remain responsible for all fees and committed third-party costs incurred through the effective date of termination. Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law survive termination.

13. Disclaimer of Warranties

The Website and the Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, AdPinnacle disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Website or Services will be uninterrupted, error-free, secure, or that any particular result will be achieved. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

14. Limitation of Liability

To the fullest extent permitted by law, AdPinnacle and its owners, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or relating to the Website, the Services, or these Terms, whether based in contract, tort, or any other theory, and even if we have been advised of the possibility of such damages.

In all cases, the total aggregate liability of AdPinnacle arising out of or relating to the Services or these Terms will not exceed the total fees actually paid by you to AdPinnacle for the Services giving rise to the claim during the three (3) months immediately preceding the event that gave rise to the claim. This limitation does not apply to liability that cannot be limited under applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless AdPinnacle and its owners, officers, employees, and contractors from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your Client Materials, including any claim that they infringe or violate the rights of a third party; your products, services, or business; your breach of these Terms or any Service Agreement; or your violation of any law or the policies of any Third-Party Platform.

16. Governing Law

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the dispute-resolution section below, you and AdPinnacle agree to the exclusive jurisdiction and venue of the state and federal courts located in Tennessee.

17. Dispute Resolution

Before filing any claim, the parties agree to first attempt to resolve the dispute informally by contacting each other in good faith. If the dispute is not resolved within 30 days, either party may pursue the matter in the courts identified above. Each party agrees that any dispute will be brought in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Any claim must be brought within one (1) year after the cause of action arises, to the extent permitted by law.

18. General Provisions

These Terms, together with any applicable Service Agreement, are the entire agreement between you and AdPinnacle regarding their subject matter and supersede prior understandings. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control.

19. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and post the updated version on this page. Changes are effective when posted. Your continued use of the Website or the Services after changes take effect constitutes acceptance of the updated Terms.

20. Contact Us

If you have questions about these Terms, please contact us:

AdPinnacle
Email: tom@adpinnaclegroup.com
Website: adpinnaclegroup.com