1) Who we are & scope

We provide marketing services and related tools to U.S.-based businesses. These Terms cover your use of our Sites/Services. If you have a separate signed agreement with us (e.g., a Service Agreement, SOW, order form), that document controls to the extent of any conflict; these Terms apply to everything else.

2) Eligibility

You must be at least 18 and have authority to bind your organization (if using on its behalf). You are responsible for ensuring your use complies with all applicable laws.

3) Accounts & security

If you create an account or are provisioned access (e.g., to a CRM portal), you must provide accurate information, keep credentials confidential, and promptly notify us of any unauthorized use. You are responsible for all activities under your account.

4) Acceptable use

You agree not to:

• Break the law or infringe intellectual property, privacy, or publicity rights.
• Upload or transmit malware, malicious scripts, or do anything that disrupts or degrades the Sites/Services.
• Scrape, index, or harvest data outside what we expressly permit, or reverse-engineer code or technical protections.
• Send unsolicited or unlawful communications (including spam). If you use messaging through or in connection with our Services, you must comply with CAN-SPAM, TCPA, A2P 10DLC rules, and carrier policies, maintain valid consent, and honor STOP/HELP keywords.
• Provide or use data you have no lawful rights to use, or submit sensitive identifiers (e.g., SSNs, driver’s license numbers, bank account numbers) unless we explicitly request them.

We may suspend or terminate access for violations.

5) Your content & feedback

If you submit content (text, images, files, instructions) you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and modify it solely to operate, improve, and provide the Sites/Services. You represent you have all necessary rights in such content and that it is lawful and accurate.

If you provide feedback, you grant us a perpetual, irrevocable license to use it without restriction.

6) Third-party services & AI tools

Our Services may integrate third-party platforms (e.g., CRM, analytics, ad networks, email/SMS providers) and may leverage AI/automation. Third-party terms apply to their services. AI outputs can be imperfect; you are responsible for independently reviewing and deciding how to use any suggestions, drafts, or data.

7) Orders, subscriptions, and payment

Some Services may require payment (e.g., subscriptions, project fees). Unless otherwise stated in a signed order:

• Fees are due in advance and processed via our payment provider (e.g., Stripe).
• Subscriptions auto-renew for the same term at the then-current price unless canceled before the renewal date.
• Taxes are your responsibility.
• Past-due balances may incur suspension and/or late fees.
• Except where required by law or stated in a signed agreement, fees are non-refundable.

We may change prices with reasonable notice; changes apply on renewal or on your next order unless stated otherwise.

8) Cancellation & termination

You may cancel a subscription as described in your account, order form, or by contacting us. Cancellation takes effect at the end of the current term (no refunds for partial periods unless required by law). We may suspend or terminate access immediately for violations, risk of harm, or non-payment. Upon termination, your right to use the Sites/Services ends. Certain sections survive (e.g., IP, disclaimers, limits of liability, indemnity, dispute resolution).

9) Intellectual property

The Sites/Services, including all content, software, designs, and trademarks, are owned by us or our licensors and protected by law. Except for limited access to use the Sites/Services as intended, no rights are granted. Do not use our marks without written permission.

10) Confidentiality

If we exchange non-public information, each party will use reasonable care to protect the other’s confidential information and only use it for the intended purpose. This does not apply to information that is public, independently developed, or rightfully received from another source.

11) Privacy

Our handling of personal information is described in our Privacy Policy (see the Privacy Policy page on our website). By using the Sites/Services, you consent to those practices.

12) Disclaimers

We provide the Sites/Services “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties (express, implied, statutory), including merchantability, fitness for a particular purpose, non-infringement, accuracy, and availability. We do not guarantee specific outcomes (e.g., rankings, leads, revenue). Content is for general information only and is not legal, financial, or compliance advice.

13) Limitation of liability

To the fullest extent permitted by law:

• No indirect damages. We are not liable for lost profits, revenues, goodwill, data, or any consequential, special, exemplary, or punitive damages.
• Cap. Our total liability for any claims arising out of or relating to these Terms or the Sites/Services is limited to the greater of (a) amounts you paid to us for the affected Service in the 12 months before the claim, or (b) $100.

These limits apply even if a remedy fails its essential purpose.

14) Indemnification

You will defend, indemnify, and hold Steady Hand Marketing (and our affiliates, officers, employees, and agents) harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your content, your use of the Sites/Services, or your violation of these Terms or applicable law.

15) DMCA/copyright

If you believe content on our Sites infringes your copyright, send a notice to [email protected] with: (i) identification of the work and alleged infringement, (ii) your contact details, (iii) a statement of good-faith belief, (iv) a statement under penalty of perjury that your notice is accurate and you’re authorized, and (v) your signature. We may remove content and/or terminate repeat infringers as appropriate.

16) Export & sanctions

You represent you are not located in, under the control of, or a national/resident of any country or person on a U.S. government sanctions list, and you will not use the Services in violation of export control or sanctions laws.

17) Governing law; dispute resolution

These Terms are governed by the laws of the State of Utah, without regard to conflicts principles.

Informal resolution. Before filing a claim, the party must send a written notice to the other and attempt to resolve within 30 days.

Arbitration. Except for claims for injunctive relief or intellectual-property disputes, any dispute arising out of or relating to these Terms or the Sites/Services will be finally resolved by binding arbitration on an individual basis in Salt Lake County, Utah, by a single arbitrator, under the Commercial Rules of the American Arbitration Association. No class actions or class arbitrations. The arbitrator may award individual relief only.

Small claims option. Either party may bring a qualifying claim in small claims court in Salt Lake County, Utah.

18) Changes to these Terms

We may update these Terms from time to time. The “Effective date” above shows when they were last revised. Material changes will be notified on the Sites or by email when feasible. Your continued use after changes means you accept the updated Terms.

19) Miscellaneous

• Entire agreement. These Terms plus any signed order/SOW are the entire agreement about the subject matter.
• Severability. If any part is unenforceable, the rest remains in effect.
• Assignment. You may not assign these Terms without our consent; we may assign to an affiliate or in a merger/sale.
• Force majeure. We are not liable for delays/failures due to events beyond our reasonable control.
• Notices. You agree we may contact you at the email you provide. Formal notices to us should be sent to the address below and copied to [email protected].