TERMS AND CONDITIONS AGREEMENT

Including Privacy Policy

Effective Date: January 1, 2025


Last Updated: July 14, 2026


1. Introduction


Welcome to Octo Strategies ("we," "us," "our," or "Company"). These Terms and Conditions ("Terms") govern your use of our digital marketing and website services and constitute a legally binding agreement between you ("Client," "you," or "your") and Octo Strategies.

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy integrated herein.


2. Services Offered


We provide digital marketing services including but not limited to:


  • Search Engine Optimization (SEO)
  • Branding Solutions
  • Social media marketing and management
  • Content creation and marketing
  • Email marketing campaigns
  • Systems maximization services
  • Digital strategy consulting
  • Website design/development and related hosting services


Specific services will be detailed in individual Service Agreements or Statements of Work.


3. Service Agreement and Payment Terms


3.1 Service Engagement

Each project begins with a signed Service Agreement or Statement of Work that outlines specific deliverables, timelines, and costs.


3.2 Payment Terms

  • Payment schedules will be specified in individual Service Agreements
  • Late payments may incur a 1.5% monthly service charge
  • Services may be suspended for accounts more than 30 days past due


3.3 Additional Costs

Client is responsible for:


  • Third-party advertising spend (Google Ads, Facebook Ads, etc.) unless specified differently in Statement of Work
  • Premium software subscriptions required for services
  • Stock photography, graphics, or other licensed materials
  • Quarterly Web hosting, domain registration fees, and Web editing fees


3.4 Refunds

Fees are non-refundable unless otherwise specified in writing

  • If specified in writing in the Statement of Work, refunds may be requested within 30 days of service commencement or payment, whichever occurs first. To be eligible for a refund, you must demonstrate that our marketing services failed to meet the specific deliverables outlined in your service agreement.


 The following are generally not eligible for refunds:


  • Website hosting services if Client decides to stop using the hosting services during their Subscription Term
  • Completed marketing campaigns or advertisements that have already been launched
  • Custom creative work, including graphics, copy, or strategy documents that have been delivered
  • Third-party advertising spend or media costs
  • Services performed more than 30 days prior to the refund request
  • Monthly retainer fees for work already completed in that billing period


4. Client Responsibilities


4.1 Information and Access

Client agrees to provide:


  • Timely access to necessary accounts, websites, and platforms
  • Accurate business information and marketing materials
  • Prompt feedback and approvals within specified timeframes
  • Login credentials and administrative access as required


4.2 Content and Materials

  • Client is responsible for accuracy of provided content
  • Client warrants they own rights to all provided materials
  • Client must approve all content before publication
  • Delays in client approvals may affect project timelines


4.3 Compliance

Client agrees to comply with all applicable laws and platform policies for their industry and marketing activities.


5. Intellectual Property


5.1 Client Content

Client retains ownership of all pre-existing intellectual property, including logos, trademarks, and proprietary content.


5.2 Work Product

  • Custom strategies, campaigns, and creative materials developed specifically for Client become Client's property upon full payment
  • Our proprietary methodologies, templates, and general processes remain our intellectual property
  • We retain the right to use general knowledge and experience gained


5.3 Third-Party Materials

Any third-party materials incorporated into services remain the property of their respective owners.


6. Confidentiality


Both parties agree to maintain confidentiality of proprietary information shared during the course of services. This includes:


  • Business strategies and plans
  • Customer data and lists
  • Financial information
  • Marketing strategies and results
  • Any information marked as confidential


This obligation survives termination of the service relationship.


7. Performance and Results


7.1 No Guarantee of Results

While we employ best practices and proven strategies, we cannot guarantee specific marketing results, including but not limited to:


  • Search engine rankings
  • Website traffic increases
  • Lead generation numbers
  • Sales conversions
  • Social media engagement levels


7.2 Reporting

If stated in the Statement of Work, we provide regular reporting on campaign performance and key metrics.


7.3 External Factors

Results may be affected by factors beyond our control, including:


  • Search engine algorithm changes
  • Platform policy updates
  • Market conditions
  • Competitor activities
  • Economic factors


8. Termination


8.1 Termination by Either Party

Either party may terminate services with 30 days written notice. Client remains responsible for payment of all services rendered through the termination date.


8.2 Immediate Termination

We reserve the right to immediately terminate services if:


  • Client breaches these Terms
  • Client engages in illegal activities
  • Client requests services that violate platform policies
  • Payment is more than 60 days overdue


8.3 Post-Termination

Upon termination:


  • Client retains ownership of paid-for deliverables
  • We will provide reasonable transition assistance
  • All confidentiality obligations remain in effect
  • Outstanding invoices become immediately due


9. Limitation of Liability


9.1 Service Limitations

Our liability is limited to the amount paid for services in the 12 months preceding any claim, not to exceed $10,000.


9.2 Excluded Damages

We are not liable for:


  • Indirect, incidental, or consequential damages
  • Loss of profits or business opportunities
  • Data loss or corruption
  • Third-party actions or platform changes
  • Services provided by third-party vendors


9.3 Force Majeure

We are not responsible for delays or failures due to circumstances beyond our reasonable control.


10. Indemnification


Client agrees to indemnify and hold us harmless from any claims, damages, or expenses arising from:


  • Client's use of our services
  • Client's violation of applicable laws or regulations
  • Client's breach of these Terms
  • Infringement claims related to Client's content or materials


11. Privacy Policy


11.1 Information We Collect


Personal Information:

  • Name, email address, phone number, business address
  • Payment and billing information
  • Business information and marketing goals
  • Communication preferences


Business Data:

  • Website analytics and performance data
  • Social media account information and metrics
  • Advertising account data and performance
  • Customer lists and demographic information (when provided)


Technical Information:

  • IP addresses and device information
  • Browser type and operating system
  • Website usage patterns and preferences


11.2 How We Use Your Information

We use collected information to:


  • Provide and improve our marketing services
  • Communicate about projects and services
  • Process payments and maintain accounts
  • Analyze campaign performance and optimize strategies
  • Comply with legal obligations
  • Send relevant marketing communications (with consent)


11.3 Information Sharing

We do not sell personal information for money. However, some of the services we use — including advertising and analytics tools such as Meta Pixel and Google Ads — may involve sharing certain data (such as device identifiers or browsing behavior) with third parties for purposes that may be considered "sharing" for cross-context behavioral advertising under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).


You have the right to opt out of this sharing at any time. See Section 11.9 for details on how to exercise this right.


We may also share information with:


  • Third-party service providers (advertising platforms, analytics tools)
  • Legal authorities when required by law
  • Business partners with your explicit consent
  • Successors in the event of a business transfer


11.4 Data Security

We implement appropriate security measures to protect your information:


  • Encryption of sensitive data in transit and at rest
  • Regular security audits and updates
  • Limited access to personal information
  • Secure payment processing through certified providers
  • Employee training on data protection


11.5 Data Retention

We retain personal information for as long as necessary to:


  • Provide ongoing services
  • Comply with legal obligations
  • Resolve disputes
  • Typically no longer than seven years after service termination


11.6 Your Rights

You have the right to:


  • Access your personal information
  • Correct inaccurate information
  • Request deletion of your data
  • Object to processing of your information
  • Receive a copy of your data
  • Withdraw consent for marketing communications
  • Limit the use and disclosure of your sensitive personal information


11.7 Third-Party Services

Our services integrate with third-party platforms (Google, Facebook, etc.) that have their own privacy policies. We encourage you to review their privacy practices.


11.8 SMS Communications

If you provide a phone number and opt in to receive text messages from Octo Strategies, we may use that number to send SMS messages related to your projects, appointments, service updates, billing, and follow-up communications. SMS messages will only be sent where appropriate consent has been obtained. Standard message and data rates may apply. You may opt out at any time by replying STOP or by contacting us at hello@octostrategies.com or (704) 266-2284.


11.9 International Data Transfers

If you are located outside the United States, your information may be transferred to and processed in the United States where our servers are located.


11.10 California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have additional rights under the CCPA and CPRA, including:


  • Right to Opt Out: You may opt out of the sale or sharing of your personal information at any time by clicking here or contacting us at hello@octostrategies.com.
  • Global Privacy Control (GPC): We recognize and honor GPC opt-out signals sent by your browser as a valid request to opt out of sale/sharing, without requiring a separate manual request.
  • Right to Limit Sensitive Personal Information: You may direct us to limit the use of your sensitive personal information to only what is necessary to provide our services.
  • Right to Know: You may request the specific categories and pieces of personal information we have collected about you in the preceding 12 months.
  • Non-Discrimination: We will not deny you services, charge you different prices, or provide a different level of service because you exercised any of your CCPA/CPRA rights.


To exercise any of these rights, contact us at hello@octostrategies.com or (704) 266-2284.


12. Dispute Resolution


12.1 Governing Law

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, and Client expressly agrees and consents to the exclusive jurisdiction and venue of the state and federal courts of the State of North Carolina, in Mecklenburg County, for the resolution of any such dispute.


12.2 Dispute Resolution Process

  1. Informal Resolution: Parties agree to first attempt resolution through direct communication
  2. Mediation: If informal resolution fails, disputes will be submitted to mediation
  3. Arbitration: Unresolved disputes will be settled through binding arbitration
  4. Court Jurisdiction: Any court proceedings will be in Mecklenburg County, North Carolina


13. General Provisions


13.1 Entire Agreement

These Terms constitute the entire agreement between parties and supersede all prior agreements.


13.2 Amendments

We reserve the right to modify these Terms at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.


13.3 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.


13.4 Assignment

We may assign these Terms with 30 days’ notice. Client may not assign without our written consent.


13.5 Waiver

Failure to enforce any provision does not waive our right to enforce it later.


14. Contact Information


For questions about these Terms or our Privacy Policy, contact us:


Octo Strategies
15720 Brixham Hill Avenue, Suite 300

Charlotte, NC 28277

Email: hello@octostrategies.com
Phone: (704) 266-2284
Website: https://www.octostrategies.com


By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and Privacy Policy.