Terms of Service

Effective date: September 7, 2026  |  Last updated: September 7, 2026

These Terms of Service (the “Terms”) are a binding agreement between you (“you,” “your,” or “Client”) and MarketRev (“MarketRev,” “we,” “us,” or “our”). They govern your access to and use of marketrev.ai, any subdomain or landing page we operate, and any marketing, software, automation, or consulting services we provide (together, the “Services”).

By accessing our website, submitting a form, booking a call, or purchasing or using any of our Services, you agree to these Terms. If you do not agree, do not use the Services. If you are entering into these Terms for a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

1. Who we are

MarketRev is a marketing and marketing-technology company based in St. George, Utah. We help businesses generate, capture, and convert demand through services that may include strategy, advertising, search and local visibility, content, creative, websites and landing pages, CRM configuration, automation, lead follow-up systems, and reporting.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. The Services are intended for businesses and business professionals, are offered from the United States, and are not directed to consumers seeking personal, family, or household services.

3. The Services

We provide the Services described in the proposal, statement of work, order form, subscription plan, or written scope agreed between us (each, a “Service Order”). Unless a Service Order says otherwise:

• Services are provided on a month-to-month basis and are non-exclusive.
• Deliverables, timelines, and deployment schedules are estimates and depend on your timely cooperation, approvals, and access.
• We may use employees, contractors, or subprocessors to perform the Services, and we remain responsible for their performance under these Terms.
• We may modify, improve, or replace the tools, vendors, and methods used to deliver the Services, so long as the agreed outcomes are not materially reduced.

Information published on our website — including case studies, examples, blog posts, and marketing materials — is general in nature and is not professional, legal, tax, or financial advice.

4. Proposals, order forms, and priority

If you sign a separate agreement, statement of work, or Service Order with us, that document and these Terms are read together. Where a conflict exists, the signed Service Order controls for the subject it addresses, and these Terms control for everything else. Quotes and proposals are valid for 30 days unless stated otherwise.

5. Fees, billing, and renewals

• Payment. You agree to pay all fees stated in your Service Order in U.S. dollars. Fees exclude applicable taxes, which you are responsible for except for taxes on our income.
• Authorization. By providing a payment method, you authorize us and our payment processors to charge that method for all fees due, including recurring subscription fees, until you cancel as described in these Terms.
• Recurring billing. Subscriptions and retainers renew automatically for successive periods of the same length at the then-current rate unless cancelled before the next billing date.
• Late payment. Invoices are due on receipt unless stated otherwise. Past-due balances may accrue interest at 1.5% per month (or the maximum permitted by law, whichever is less), and we may pause Services until the balance is cleared.
• Price changes. We may change recurring rates with at least 30 days’ written notice, effective at your next renewal.
• Chargebacks. If you dispute a charge, contact us first at [email protected]. Initiating a chargeback for Services delivered is a breach of these Terms, and you agree to reimburse the reasonable costs we incur responding to it.
• Third-party costs. Software licenses, advertising spend, stock media, hosting, phone and messaging usage, data enrichment, and similar pass-through costs are your responsibility unless expressly included in your Service Order.

6. Advertising spend

Where we manage paid advertising, advertising budget is separate from our management fees and is paid to the advertising platform, not to MarketRev, unless your Service Order says we will bill it. You are solely responsible for your advertising budget, and you acknowledge that advertising platforms independently set pricing, delivery, approval, and account policies. We are not responsible for platform-imposed cost increases, ad disapprovals, account restrictions, or account suspensions.

7. Refunds and cancellations

• Unless your Service Order states otherwise, fees for services already performed and for the current billing period are non-refundable. Setup, onboarding, buildout, and creative production fees are non-refundable once work has begun.
• You may cancel a recurring engagement by giving written notice to [email protected] at least 30 days before your next billing date. Cancellation takes effect at the end of the then-current paid period.
• We may cancel a recurring engagement on 30 days’ written notice, or immediately as described in Section 20.
• On termination, all amounts accrued through the effective date become immediately due, and any licenses granted to you under Section 11 for unpaid deliverables terminate.

8. Your responsibilities

To let us do our work, you agree to:

• Provide accurate, complete, and lawful information, content, brand assets, product claims, pricing, and business details.
• Provide timely access to the accounts, systems, domains, analytics, listings, and personnel we reasonably need. Delays caused by missing access or approvals do not extend billing periods or entitle you to a credit.
• Review and approve materials before publication. Once you approve an item, you are responsible for its content.
• Hold all rights, licenses, and permissions necessary for any material you give us to use, publish, or distribute — including logos, photos, video, music, testimonials, reviews, endorsements, and customer data.
• Maintain your own compliance obligations, including advertising substantiation, industry-specific rules (for example, healthcare, financial, legal, or housing advertising rules), accessibility, and the privacy notices required for your own website and marketing.
• Keep your account credentials secure and promptly tell us about any unauthorized use.

9. Messaging, email, and calling compliance

Where our Services include SMS/MMS text messaging, email marketing, voice calls, or automated follow-up on your behalf, you are the sender and the party responsible for consent. You represent and warrant that:

• Every contact we message, email, or call on your behalf has given you the consent required by applicable law, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing and messaging laws, and carrier and platform rules;
• You maintain records of that consent and will provide them to us on request;
• You will not upload purchased, scraped, rented, or otherwise non-consented contact lists to any system we manage for you;
• You will honor all opt-out, unsubscribe, STOP, and do-not-call requests promptly, and will not ask us to re-contact anyone who has opted out;
• Your messaging use case, brand registration information, and message content are accurate and comply with A2P/10DLC registration requirements and carrier content standards.

We may refuse, pause, or remove any campaign, list, or message we reasonably believe violates law, carrier rules, or platform policy. You are responsible for fines, penalties, carrier fees, message filtering, number blocking, and claims arising from your lists, consent practices, or message content.

10. Third-party platforms and accounts

The Services rely on third-party platforms and vendors — advertising networks, search engines, CRM and automation software, hosting, analytics, telephony and messaging carriers, payment processors, and similar providers. Your use of those platforms is governed by their own terms and policies, and we do not control them. We are not responsible for third-party outages, policy changes, algorithm changes, pricing changes, data loss, account suspensions, or discontinued features. Where you grant us access to your accounts, you authorize us to act within the scope of the Services, and you remain the owner of those accounts unless a Service Order says otherwise.

11. Intellectual property and licenses

Our property

We own all rights in our website, brand, name, logo, methodologies, frameworks, playbooks, templates, prompts, workflows, automations, code, training materials, internal tools, and any pre-existing or independently developed materials we use to deliver the Services (“MarketRev Materials”). Nothing in these Terms transfers ownership of MarketRev Materials to you.

Your license to deliverables

On full payment of all amounts due for the relevant work, we grant you a worldwide, non-exclusive, perpetual license to use, reproduce, and display the final marketing deliverables we create specifically for you (for example, ad creative, copy, page designs, and campaign assets) for your own business purposes. Any MarketRev Materials embedded in a deliverable are licensed to you only as part of that deliverable, and may not be separated, resold, sublicensed, or offered as a competing service.

Your content

You retain ownership of the content, data, trademarks, and materials you provide. You grant us a non-exclusive, royalty-free license to host, reproduce, modify, and display that material as needed to perform the Services during the term.

Portfolio use

Unless you tell us otherwise in writing, we may reference your business name and logo and display non-confidential samples of work we performed for you in our portfolio, case studies, and marketing materials. You may withdraw this permission at any time by emailing [email protected]; we will stop future use within a reasonable period.

Feedback

If you send us suggestions or feedback about the Services, we may use them without restriction or obligation to you.

12. Use of AI tools

We use artificial intelligence and automation tools to help research, draft, produce, personalize, and optimize marketing work. AI-assisted output can contain errors or inaccuracies, and it is generated based on the inputs and data available to it. We review work before delivery, but you are responsible for reviewing and approving all materials before they are published, sent, or used in market — including any claims, statistics, pricing, availability, and legal or regulated statements. Ownership of AI-assisted deliverables is addressed in Section 11 and may be limited by the terms of the underlying AI providers and by the fact that purely machine-generated output may not be eligible for copyright protection in some jurisdictions.

13. Acceptable use

You agree not to, and not to ask us to:

• Use the Services for anything unlawful, deceptive, fraudulent, defamatory, harassing, or infringing;
• Publish false or unsubstantiated advertising claims, fake reviews, fake testimonials, or misleading endorsements;
• Market illegal products or services, or products or services prohibited by the platforms we use;
• Send unsolicited commercial messages or use non-consented contact data, as described in Section 9;
• Interfere with, probe, scrape, overload, or attempt unauthorized access to our website, systems, or accounts;
• Reverse engineer, resell, white-label, or redistribute our Services, MarketRev Materials, or the software we license, except as expressly permitted in writing;
• Upload malware, or upload sensitive data categories (such as government identifiers, full payment card numbers, or protected health information) into systems we manage, unless we have agreed in writing to handle that data.

14. No guarantee of results

Marketing results vary and are not guaranteed. Any figures, examples, case studies, projections, benchmarks, or forecasts we share are illustrative and do not constitute a promise or warranty of revenue, leads, rankings, traffic, conversion rates, return on ad spend, or any other outcome. Results depend on many factors outside our control — including your market, offer, pricing, sales follow-up, capacity, reputation, competition, seasonality, budget, and third-party platform behavior. You are solely responsible for your business decisions.

15. Confidentiality

Each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential. The receiving party will use that information only to perform under these Terms, will protect it with at least reasonable care, and will not disclose it except to personnel, contractors, and advisors bound by similar obligations. These obligations do not apply to information that is public through no fault of the receiving party, was already known without a duty of confidence, is independently developed, or is lawfully received from a third party. A party may disclose confidential information if legally compelled, giving the other party notice where lawful.

16. Privacy and data

Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms. Where we process personal information contained in your customer or lead data, we do so on your behalf and under your instructions, and you are responsible for having a lawful basis and the required notices and consents for that data. You are also responsible for maintaining your own privacy policy and consent mechanisms on properties you own.

17. Disclaimers

THE SERVICES AND OUR WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETREV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA WILL BE FREE FROM LOSS OR CORRUPTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

18. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETREV AND ITS OWNERS, OFFICERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOST OR CORRUPTED DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO MARKETREV FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). FOR CLARITY, ADVERTISING SPEND PAID TO THIRD-PARTY PLATFORMS IS NOT A FEE PAID TO MARKETREV. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.

19. Indemnification

You agree to defend, indemnify, and hold harmless MarketRev and its owners, officers, employees, and contractors from any third-party claims, demands, losses, damages, fines, penalties, and reasonable attorneys’ fees arising out of or related to: (a) content, data, lists, claims, or materials you provide or approve; (b) your products, services, or business operations; (c) your breach of these Terms or of any law, including Section 9 (messaging, email, and calling compliance) and privacy laws; or (d) your infringement or misappropriation of any third-party right. We will notify you of the claim, and you will not settle any claim in a way that imposes obligations on us without our written consent.

20. Suspension and termination

We may suspend or terminate the Services immediately, with notice, if you: fail to pay amounts when due; breach these Terms in a way that is not cured within 10 days of notice; use the Services unlawfully or in a way that risks harm to us, our vendors, or third parties; or become insolvent. Sections that by their nature should survive termination — including Sections 5, 11, 14, 15, 17, 18, 19, 21, 22, and 24 — survive.

After termination, we will make reasonable efforts to help you transition, subject to payment of any outstanding balance and any reasonable transition fees agreed in writing. We are not obligated to retain your data after termination; you should export what you need before your access ends, and in any event within 30 days of termination.

21. Dispute resolution and arbitration

Informal resolution first

Before filing any claim, you agree to contact us at [email protected] and give us 30 days to resolve the matter in good faith. Most issues can be sorted out this way.

Binding arbitration

If we cannot resolve a dispute informally, you and MarketRev agree that any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration administered by a recognized arbitration provider under its commercial rules, before a single arbitrator, seated in Washington County, Utah (or by videoconference or on documents only, at the arbitrator’s discretion). The arbitrator’s award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.

Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

Class action waiver

Disputes will be brought only on an individual basis. You and MarketRev waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court and the rest of this section still applies.

Opt-out

You may opt out of this arbitration agreement by emailing [email protected] with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

22. Governing law and venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any dispute not subject to arbitration, you and MarketRev consent to exclusive jurisdiction and venue in the state and federal courts located in Washington County, Utah.

23. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date above and post the revised version at https://marketrev.ai/legal/terms. Material changes affecting an active engagement take effect at your next renewal or 30 days after posting, whichever is later. Your continued use of the Services after the effective date means you accept the updated Terms.

24. General provisions

• Independent contractor. We are an independent contractor. Nothing here creates a partnership, joint venture, employment, or agency relationship, and neither party may bind the other.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, outages, carrier or platform failures, labor disruptions, war, civil unrest, and government action.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
• Notices. Legal notices to us go to [email protected]. Notices to you go to the email address on your account. Notice is effective on the business day after it is sent.
• Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the rest of these Terms stay in force.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Entire agreement. These Terms, the Privacy Policy, and any signed Service Order are the entire agreement between us about the Services and replace all prior discussions and proposals on that subject.
• Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.”

25. Contact us