Version and Structure
Version 2.1. Effective September 25, 2026.
These Terms of Service (the "Terms") are a binding agreement between High Tide Marketing LLC, a Georgia limited liability company ("HTM," "we," "us"), and the business purchasing services ("Client," "you"). By checking the acceptance box at checkout, signing a proposal that references these Terms, or paying for any Service, you agree to these Terms.
These Terms have two parts:
• Part 1: Master Terms apply to every Client and every Service.
• Part 2: Service Schedules apply only to the Services you purchase. Your Order lists which Schedules apply.
If a Service Schedule conflicts with the Master Terms, the Schedule controls for that Service. If a signed Order or proposal conflicts with these Terms, the Order controls for that Client.
Part 1: Master Terms
1. Definitions
• "Services" means the marketing services HTM provides, as listed in your Order and described in the Service Schedules.
• "Order" means the checkout purchase, signed proposal, or invoice that lists your Services, fees, and term.
• "Deliverables" means work product HTM creates for you, such as websites, content, ads, videos, and reports.
• "Client Materials" means anything you provide to HTM, including logos, photos, text, data, and account access.
• "Third Party Platforms" means services HTM does not own or control, including Google, Meta, website builders, hosting providers, CRM software, and review sites.
2. Acceptance
You accept these Terms by checking the acceptance box at checkout, signing an Order that references these Terms, or paying for Services. The person accepting confirms they have authority to bind the Client business.
3. Term and Renewal
3.1 Month to month plans begin on the date of your first payment and renew automatically each month until cancelled under Section 5.
3.2 Commitment plans (for example, 12 months) run for the term stated in your Order. After the commitment ends, the plan renews month to month unless your Order states otherwise.
4. Fees and Billing
4.1 Fees are listed in your Order. Recurring fees are billed in advance on the same day each month through Stripe or another processor HTM selects.
4.2 You authorize HTM to charge your payment method on file for all recurring fees and approved one time charges.
4.3 If a payment fails, HTM will notify you and retry the charge. If payment is not received within 7 days of the failed charge, HTM may pause all Services until the account is current. Billing continues during a pause for nonpayment.
4.4 Past due balances accrue a late fee of 1.5% per month, or the maximum allowed by law if lower.
4.5 Fees are exclusive of taxes. You are responsible for applicable sales or use taxes.
4.6 HTM may change pricing for month to month plans with 30 days written notice. Pricing for commitment plans is fixed for the committed term.
4.7 Fees are nonrefundable, including for partial months, unused Services, or work already performed.
5. Cancellation
5.1 Month to month plans: Cancel by written notice to [email protected] at least 30 days before your next billing date. Services continue through the end of the paid period.
5.2 Commitment plans: You may not cancel for convenience during the committed term. If you cancel early, the remaining monthly fees for the committed term become due immediately, unless your Order states a different early termination fee.
5.3 Service specific cancellation rules in the Service Schedules also apply.
6. Client Responsibilities
You agree to:
• Provide accurate information, Client Materials, and account access needed to perform the Services.
• Respond to requests for approval or information within 5 business days.
• Designate one primary point of contact with authority to approve work.
• Keep your own business licenses, insurance, and legal obligations current.
Delays caused by missing access, materials, or approvals do not pause or reduce fees. HTM is not responsible for missed timelines caused by those delays.
7. No Guaranteed Results
Marketing results depend on factors outside HTM's control, including competition, search engine and platform algorithms, market conditions, your pricing, and your sales process. HTM does not guarantee any specific rankings, traffic, leads, calls, sales, reviews, followers, or return on ad spend. Any projections or estimates are good faith estimates only.
8. Third Party Platforms
8.1 Many Services rely on Third Party Platforms. HTM is not responsible for their outages, policy changes, pricing changes, algorithm updates, account suspensions, ad rejections, or data loss.
8.2 You agree to follow the terms and policies of each Third Party Platform used for your account.
8.3 Where possible, accounts are created in your name and owned by you, with HTM granted access. Exceptions are listed in the Service Schedules.
9. Third Party Costs and Ad Spend
9.1 Unless your Order says otherwise, HTM's fees do not include advertising spend, paid software subscriptions, stock media licenses, domain registration, premium plugins, or other third party costs.
9.2 Advertising spend is paid directly by you to the ad platform using your payment method. HTM is not responsible for ad spend charged by a platform.
9.3 HTM will get your approval before incurring any third party cost billed to you.
10. Communication and Support
10.1 HTM will respond to client messages within 1 business day during business hours, Monday through Friday, 9 a.m. to 5 p.m. Eastern, excluding US federal holidays.
10.2 Requests outside the scope of your Services may be quoted separately. HTM will not bill for out of scope work without your written approval.
10.3 Communication by email, text, or HTM's client portal counts as written notice for purposes of these Terms, unless a section states otherwise.
11. Intellectual Property
11.1 Client Materials. You keep ownership of all Client Materials. You grant HTM a license to use them only to perform the Services.
11.2 Deliverables. Unless a Service Schedule states otherwise, ownership of Deliverables transfers to you once they are paid for in full.
11.3 HTM Property. HTM keeps ownership of its templates, frameworks, processes, internal tools, software, code libraries, reporting systems, and know how used across clients ("HTM Property"). Where HTM Property is part of a Deliverable, you receive a license to use it as part of that Deliverable only.
12. Portfolio Rights
HTM may display your name, logo, and Deliverables in its portfolio, case studies, and marketing, excluding confidential information. You may opt out at any time by written notice.
13. Client Content and Compliance
13.1 You confirm that you own or have the rights to all Client Materials, and that using them will not infringe anyone's rights.
13.2 You are responsible for the accuracy and legality of your offers, pricing, guarantees, licensing claims, and industry specific disclosures used in your marketing. HTM may decline to publish content it reasonably believes is false, misleading, or unlawful.
13.3 You are responsible for your compliance with consumer protection, privacy, and communication laws that apply to your business, including laws governing calls, texts, and emails to your customers.
14. Confidentiality
Each party will keep the other's nonpublic business information confidential and use it only for purposes of this agreement. This does not apply to information that is public, already known, independently developed, or required to be disclosed by law. This obligation lasts 2 years after the agreement ends.
15. Data and Privacy
HTM handles personal information it receives from you or your customers only to perform the Services and in line with HTM's Privacy Policy at hightidemarketing.com/privacy-policy. You are responsible for having the notices and consents required to share that information with HTM.
16. Warranties and Disclaimer
HTM will perform the Services in a professional manner consistent with industry standards. Except as stated in this section, the Services are provided "as is," and HTM disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
17. Limitation of Liability
17.1 HTM's total liability arising from these Terms or the Services will not exceed the fees you paid HTM in the 3 months before the claim arose.
17.2 Neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data, even if advised of the possibility.
17.3 These limits do not apply to your payment obligations or to either party's indemnification obligations.
18. Indemnification
18.1 You will defend and indemnify HTM against third party claims arising from Client Materials, your products or services, your offers and claims, your violation of law, or your breach of these Terms.
18.2 HTM will defend and indemnify you against third party claims that Deliverables created by HTM, excluding Client Materials and third party content, infringe that party's intellectual property rights.
19. Non-Solicitation
During the agreement and for 12 months after it ends, you will not directly hire or engage any HTM employee or contractor who worked on your account without HTM's written consent.
20. Termination by HTM
HTM may suspend or end Services immediately by written notice if you fail to pay, breach these Terms and do not cure within 10 days of notice, request unlawful or unethical work, or engage in abusive conduct toward HTM staff. HTM may also end a month to month plan for any reason with 30 days written notice.
21. Effect of Termination
When the agreement ends:
• All unpaid fees become due immediately.
• HTM will provide or return access to accounts you own within 14 days of a written request, subject to the ownership rules in the Service Schedules.
• You will remove HTM from your accounts, and HTM will stop work.
• HTM may delete your data 60 days after the agreement ends, unless the law requires it to keep that data.
Sections 4, 7, 11, 13, 14, 16 through 19, 21, and 22 survive termination.
22. Governing Law and Disputes
22.1 These Terms are governed by the laws of the State of Georgia.
22.2 Before filing any claim, the parties will try in good faith to resolve the dispute through direct discussion for at least 30 days.
22.3 Any unresolved dispute will be brought exclusively in the state or federal courts located in Chatham County, Georgia, and both parties consent to that venue.
23. Changes to These Terms
23.1 HTM may update these Terms by posting a new version with a new version number and effective date, and notifying active Clients by email at least 30 days before the change takes effect.
23.2 For month to month plans, continuing to use the Services after the effective date means you accept the updated Terms.
23.3 For commitment plans, material changes apply at your next renewal unless you agree to them earlier in writing.
24. General
• Independent contractor. HTM is an independent contractor, not your employee, agent, or partner.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, excluding payment obligations.
• Assignment. You may not assign this agreement without HTM's written consent. HTM may assign it to a successor business.
• Severability. If any part of these Terms is unenforceable, the rest remains in effect.
• No waiver. Failing to enforce a right is not a waiver of it.
• Notices. Legal notices to HTM go to [email protected] and 1305 Barnard St #770, Savannah, GA 31401.
• Entire agreement. These Terms, the applicable Service Schedules, and your Order are the entire agreement and replace prior discussions on the same subject.
Part 2: Service Schedules
Schedule A: Website Design, Hosting and Maintenance
A.1 Scope. HTM designs and builds the website described in your Order, hosts it on a platform HTM selects, and maintains it while your plan is active. Maintenance covers platform updates, security monitoring, uptime monitoring, and minor content edits. Larger changes, new pages, and redesigns are quoted separately unless included in your Order.
A.2 Build process. The build includes 2 rounds of revisions on the approved design. Additional revision rounds are billed at $100 per page. HTM launches the site after your written approval, or 10 business days after delivery of the final version if you do not respond.
A.3 Development fee waived. When HTM waives the website development fee, HTM builds and hosts the website as part of your monthly Service. The website remains HTM's property, licensed to you, until the transfer conditions in A.5 are met.
A.4 Cancellation before 12 months. If you cancel, or the account ends for nonpayment, before completing 12 consecutive paid months:
• The website license ends and HTM may take the site offline.
• The website does not transfer to you, and HTM offers no option to purchase it.
• You keep ownership of your domain name, logos, photos, written content you supplied, and business data.
• HTM keeps ownership of the design, layout, code, templates, and any content HTM created.
A.5 Transfer after 12 months. Once you complete 12 consecutive paid months and your account is in good standing, you may request a transfer of the website. HTM will complete the transfer within 30 days of the request.
A.6 Paid development fee. If you paid the full development fee, the website transfers once all fees are paid, regardless of term length.
A.7 What transfer includes. HTM will deliver the website in a format another web developer can use, based on how the site was built: a Webflow project moved into a Webflow account you own, a Figma design file, or a GitHub repository containing the site's code files. After transfer, you pay for your own hosting and platform subscriptions, and HTM maintenance ends unless you keep a maintenance plan. HTM Property used across clients, including shared integrations and templates, is not included.
A.8 Domain. You purchase and own your domain name, registered in your name. HTM will help manage your domain and DNS settings but will not purchase or register a domain for you.
A.9 Hosting and uptime. HTM relies on the hosting platform's infrastructure and does not guarantee 100% uptime. HTM is not liable for outages caused by the platform, your domain registrar, or DNS changes made by others.
A.10 Accessibility and legal pages. HTM builds sites using reasonable accessibility practices but does not guarantee compliance with the ADA or any accessibility standard. You are responsible for the content of your privacy policy, terms, and any legally required disclosures on your site. HTM can add them on request.
Schedule B: Search Engine Optimization (SEO)
B.1 Scope. SEO may include technical optimization, on page optimization, content creation, local citations, link building, and monthly reporting, as listed in your Order.
B.2 Timeline. SEO results typically take 3 to 6 months or longer to appear. Rankings change based on search engine algorithms and competitor activity, and HTM does not control either.
B.3 Methods. HTM uses methods consistent with Google's published guidelines. HTM will not use tactics that violate those guidelines, even at your request.
B.4 Your website. If HTM does not host your website, you must provide the access HTM needs to make changes. HTM is not responsible for SEO losses caused by changes made by you or another vendor.
B.5 Ownership. Content HTM publishes on your website or profiles becomes yours once paid for, subject to Schedule A for websites HTM owns. Citations and listings created for you remain in your business name. Link building placements on third party sites are controlled by those sites and may not continue after cancellation.
B.6 Reporting. HTM provides a monthly report on the metrics listed in your Order. Tool data (such as rankings and traffic estimates) comes from third party tools and may differ from other sources.
Schedule C: Google Business Profile Management
C.1 Scope. HTM manages your Google Business Profile, which may include profile optimization, posts, photos, Q&A, category and service updates, and monthly reporting, as listed in your Order. Pricing is per profile.
C.2 Ownership. You own your Google Business Profile. HTM receives manager access only and will not take primary ownership. If HTM creates a new profile for you, ownership is placed in your name.
C.3 Verification and suspensions. Google controls verification, suspensions, and reinstatements. HTM will assist with reinstatement requests but does not guarantee the outcome. You must provide accurate business information, including a real address or service area, and respond promptly to verification requests.
C.4 Cancellation. When the Service ends, HTM will remove its manager access. Posts and photos HTM published stay on your profile.
Schedule D: Review Management
D.1 Scope. Review Management may include review request campaigns, review monitoring, response drafting and posting, and reporting, as listed in your Order. This Service is available as an add on to other Services.
D.2 Compliance. HTM will not create fake reviews, write reviews on your behalf, offer incentives in exchange for reviews, or filter requests so that only satisfied customers are asked. You agree not to request any of these. HTM follows the FTC's rules on consumer reviews and the policies of each review platform.
D.3 Review requests. You are responsible for having consent to contact the customers you provide for review requests by text or email, as described in Schedule H.
D.4 Responses. HTM drafts responses in your brand voice. You may require approval before posting. HTM will not post responses that disclose private customer information, including health or financial details.
D.5 Removal. Review platforms decide whether to remove reviews. HTM may flag reviews that violate platform policies but does not guarantee removal of any review.
Schedule E: Paid Advertising (Google, Meta, and Other Platforms)
E.1 Scope. HTM plans, builds, manages, and optimizes paid ad campaigns on the platforms listed in your Order, and provides monthly reporting. The monthly management fee covers HTM's work only. It does not include ad spend.
E.2 Ad spend. You set your monthly ad budget and pay it directly to each platform with your payment method. HTM will not exceed your approved budget. Platforms may vary daily spend within their own rules, and HTM is not responsible for those variations or for charges made by a platform.
E.3 Account ownership. Ad accounts, pixels, conversion tracking, and audiences are created in your name and owned by you, with HTM granted access. If HTM uses an existing account you own, you keep it. When the Service ends, HTM removes its access and leaves campaigns paused or active as you direct.
E.4 Creative. HTM may create ad copy, images, and video. Ad creative becomes yours once paid for. You approve offers, pricing, and claims before launch and are responsible for their accuracy.
E.5 Platform policies. Ads are subject to each platform's review. HTM is not responsible for rejected ads, restricted accounts, or suspended accounts caused by platform decisions, your business category, or your claims. HTM will help with appeals but does not guarantee the outcome.
E.6 Tracking. Call tracking, form tracking, and attribution depend on third party tools and your cooperation, such as installing code or connecting your CRM. Reported conversions are estimates and may differ from your internal records.
E.7 Minimum term. Paid advertising requires a minimum of 3 months to gather data and optimize, unless your Order states otherwise.
Schedule F: Social Media Management
F.1 Scope. HTM creates and publishes organic social content on the platforms and at the posting frequency listed in your Order, and provides monthly reporting.
F.2 Approvals. HTM sends content for approval before publishing. If you do not respond within 3 business days, HTM may publish the content as submitted, or hold it until approved at your direction.
F.3 Engagement. Responding to comments and direct messages is not included unless listed in your Order. You remain responsible for customer service conversations on your pages.
F.4 Accounts. Social accounts are owned by you. HTM receives access through the platform's business tools where available. HTM will not change passwords or ownership settings without your consent.
F.5 Content ownership. Content HTM creates becomes yours once paid for. Stock images, music, and templates are licensed from third parties and may carry usage limits. Trending audio may be removed by platforms, and HTM is not responsible for that removal.
Schedule G: Video Production
G.1 Scope. HTM plans, films, and edits the videos listed in your Order. Each video includes 3 rounds of revisions. Additional revisions or new edits are quoted separately.
G.2 Scheduling. Shoots are scheduled in advance. If you cancel or reschedule with less than 48 hours notice, a fee of $500 applies to cover crew and travel time. Weather related reschedules are free.
G.3 Location and people. You are responsible for access to the shoot location and for getting permission from any employees, customers, or property owners who appear on camera. HTM can provide a standard release form.
G.4 Ownership. Final edited videos become yours once paid for, and you may use them in any channel. Raw footage and project files remain HTM's property and are not delivered unless listed in your Order or purchased separately.
G.5 Music and licensed media. Licensed music and stock footage are provided under third party licenses. Use outside the original purpose may require a new license.
G.6 Storage. HTM keeps raw footage for 6 months after delivery and may delete it after that period.
Schedule H: CRM, Automation, SMS and Email
H.1 Scope. HTM sets up and manages CRM software, automations, pipelines, forms, SMS campaigns, and email campaigns as listed in your Order, using platforms such as GoHighLevel.
H.2 Software account. If the CRM runs on HTM's platform account, you receive access while your plan is active. When the Service ends, HTM will export your contacts and pipeline data in a standard format (such as CSV) within 14 days of a written request. Automations, workflows, templates, and funnels built on HTM's account are HTM Property and do not transfer unless your Order states otherwise.
H.3 Consent is your responsibility. You confirm that every contact you upload or collect has given the consent required by law to receive calls, texts, and emails from your business, including under the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act. HTM does not verify consent for contacts you provide.
H.4 SMS registration. Business texting requires carrier registration (A2P 10DLC). You agree to provide accurate business information for registration. Carriers control approval, fees, and message filtering, and HTM is not responsible for delays or blocked messages.
H.5 Opt outs. HTM configures opt out handling for SMS and email. You agree not to message contacts who have opted out and not to re-add them.
H.6 Usage costs. Messaging, phone numbers, email sending, and AI usage fees charged by the platform are billed to you at cost or as listed in your Order.
Schedule I: Strategy, Audits and Consulting
I.1 Scope. Strategy calls, marketing audits, competitor research, and consulting are provided as listed in your Order, or as part of a free audit or discovery call.
I.2 Recommendations only. Audits and strategy are recommendations based on information available at the time, including third party tool data. You decide whether to act on them. HTM is not liable for results of decisions you make based on its recommendations.
I.3 Free audits and calls. Free audits and strategy calls create no ongoing obligation for either party. Audit reports may be used by you internally. The methods, tools, and templates behind them remain HTM Property.
I.4 Scheduling. Paid calls cancelled with less than 24 hours notice may be charged in full.
Schedule J: High Tide Radar (Website Visitor Identification)
J.1 Scope. High Tide Radar identifies certain businesses and individuals who visit your website using a tracking script and third party data providers, and delivers those visitor insights to you as described in your Order.
J.2 Data accuracy. Visitor identification relies on third party data and is probabilistic. HTM does not guarantee the accuracy, completeness, or match rate of any visitor data.
J.3 Your privacy obligations. You must post a privacy policy on your website that discloses the use of visitor tracking and identification, and obtain any consent required by the laws that apply to your visitors, including state privacy laws. HTM can provide recommended disclosure language but you are responsible for your compliance.
J.4 Permitted use. You may use visitor data only for lawful business marketing and sales purposes. You may not use it to contact individuals in violation of the TCPA, CAN-SPAM, or state laws, to make eligibility decisions about credit, employment, housing, or insurance, or to target sensitive categories of people.
J.5 Resale prohibited. You may not sell, share, or resell visitor data to anyone else.
J.6 Cancellation. When the Service ends, you must remove the tracking script from your website, and HTM will stop delivering data. You are responsible for handling or deleting visitor data you already received according to law.
Acceptance
By selecting the acceptance toggle on the payment page, you confirm that you have read, understand, and agree to these Terms of Service, including the Master Terms and every Service Schedule that applies to your Order. You also confirm that you have authority to accept these Terms on behalf of your business.