Last Updated: March 12, 2026
These Terms and Conditions (“Terms”) govern your use of miamimarketer.com, related websites/landing pages, and any services, systems, campaigns, funnels, automations, consulting, media, and deliverables provided by Miami Marketer and its related brands/entities (collectively, “Miami Marketer,” “we,” “us,” or “our”).
By accessing our sites, submitting forms, entering promotions, purchasing services, or otherwise engaging with Miami Marketer, you agree to these Terms and our Privacy Policy.
Services may include strategy, consulting, CRM/funnel builds, paid media support, copy/content, automation workflows, AI/agentic workflows, campaign operations, and related implementation.
Scope, timelines, and deliverables are defined in your proposal, order form, statement of work, invoice, or written agreement (collectively, “Service Agreement”). If there is a conflict, the Service Agreement controls.
You represent that you are at least 18 years old and authorized to bind yourself and/or your company to these Terms.
You are responsible for third-party platform and usage charges required for campaign execution, including but not limited to CRM, email/SMS, telephony, ad spend, webinar tools, scheduling tools, integrations, and hosting.
If payments are overdue, we may, at our discretion:
You remain responsible for all amounts owed, including reasonable collection costs where permitted by law.
Initiating a chargeback for validly delivered services may constitute breach of contract. We reserve all rights to recover unpaid balances, fees, and associated damages as permitted by law.
Where revenue share applies, calculation methodology, reporting windows, exclusions/deductions, and remittance timelines are governed by the signed Service Agreement.
You represent that you own or have rights to all materials you provide (brand assets, lists, copy, media, offers, data). You grant us permission to use such materials solely for service delivery.
We may process contact and campaign data to deliver services, operate automations, execute campaigns, and report results. Depending on the engagement, Miami Marketer may act as a service provider/processor under client instructions.
You are responsible for obtaining required notices/consents for your audiences (including marketing consent where required). You must not provide unlawfully obtained data.
You agree to comply with all applicable laws and platform policies, including anti-spam and messaging rules (e.g., CAN-SPAM, TCPA, carrier/10DLC, and similar regional laws/regulations).
We may use AI-assisted tools and automated agents to support delivery, optimization, and operations. You acknowledge these systems may assist human teams but do not replace your business/legal decision-making responsibilities.
If you run contests/promotions through our systems, you are responsible for lawful administration, eligibility rules, disclosures, prize fulfillment, and jurisdiction-specific compliance. Additional promotion rules may apply and control where posted.
Marketing outcomes depend on variables outside our control. We do not guarantee specific revenue, lead volume, conversion rates, ad approvals, or business outcomes unless expressly guaranteed in writing.
Unless otherwise stated in writing, fees are non-refundable after work has commenced. Subscription/retainer cancellation terms are governed by the applicable Service Agreement.
Each party will use reasonable care to protect confidential information and use it only for permitted business purposes. Confidentiality obligations survive termination, subject to legal exceptions.
We use commercially reasonable safeguards. However, no system is perfectly secure or uninterrupted. We are not responsible for outages/failures caused by third-party platforms, carriers, ad networks, or infrastructure providers.
To the maximum extent permitted by law, Miami Marketer is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, opportunities, or data.
To the extent permitted by law, our aggregate liability for any claim related to services will not exceed the amount paid by you to Miami Marketer for the specific service giving rise to the claim during the 3 months preceding the event.
You agree to defend, indemnify, and hold harmless Miami Marketer and its affiliates from claims, liabilities, losses, and expenses (including reasonable legal fees) arising from your data, content, offers, campaigns, legal non-compliance, or misuse of services.
Before filing suit, parties agree to attempt good-faith resolution and, where feasible, non-binding mediation. Unless otherwise required by law, venue and jurisdiction are Broward County, Florida, and Florida law governs these Terms.
We may update these Terms at any time by posting revised Terms. Continued use of our website/services after updates constitutes acceptance of the revised Terms.
If any provision is unenforceable, remaining provisions remain in effect. These Terms, together with the Privacy Policy and any applicable Service Agreement, constitute the full agreement regarding subject matter.
Questions about these Terms: carlos@miamimarketer.com
This page is for general business/legal framework communication and is not legal advice.