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Terms of

Service

1. Agreement to Terms

Welcome to ProfitLift. These Terms of Service (“Terms”) govern your use of our website and services. By accessing our website or engaging our services, you agree to be bound by these Terms.

ProfitLift is a Wyoming Limited Liability Company with a business address at 30 N Gould St, STE R, Sheridan, WY 82801, USA.

If you do not agree to these Terms, you may not use our website or services.

2. Services Offered

ProfitLift provides the following digital marketing services:

  • Website Design and Development: Custom website creation, redesigns, and website optimization
  • Meta Advertising: Facebook and Instagram advertising campaign management
  • Business Automation: Automation solutions for marketing, sales, and business processes
  • Website Maintenance: Ongoing website updates, security, and technical support

All services are provided on a “best efforts” basis. We do not guarantee specific results, outcomes, or performance metrics from our services.

3. Service Engagement and Scope

3.1 Service Agreement

Services begin upon execution of a service agreement or statement of work (“SOW”) that outlines:

  • Specific services to be provided
  • Project timeline or service period
  • Pricing and payment terms
  • Deliverables and milestones
  • Client responsibilities

3.2 Scope Changes

Any changes to the agreed-upon scope of work must be requested in writing and may result in additional fees and timeline adjustments. We will provide a written estimate for scope changes before proceeding with additional work.

4. Pricing and Payment Terms

4.1 Project-Based Services (Website Design/Development)

For project-based services:

  • 50% deposit required upfront before work begins
  • 50% final payment due upon project completion and before final delivery
  • Projects are considered complete when all agreed-upon deliverables are provided and approved by the client

4.2 Monthly Retainer Services (Ads Management/Maintenance)

For ongoing retainer services:

  • Payment is due at the beginning of each billing cycle
  • Services continue on a month-to-month basis unless otherwise specified
  • Monthly fees are for ProfitLift’s services only and do not include advertising spend, third-party software costs, or other external expenses

4.3 Payment Methods

We accept payment via [specify payment methods: credit card, ACH, wire transfer, etc.]. All payments must be made in US Dollars (USD).

4.4 Late Payments

Invoices are due upon receipt unless otherwise specified. Late payments may result in:

  • Service suspension after 10 days past due
  • Late fees of 1.5% per month (or maximum allowed by law) on outstanding balances
  • Service termination after 30 days past due

5. Refund Policy

5.1 Project-Based Services

  • The initial 50% deposit is non-refundable if the client fails to pay the final 50% and chooses to terminate the project
  • Once work has commenced, the deposit compensates ProfitLift for time, resources, and opportunity cost
  • Upon final payment, all sales are final with no refunds

5.2 Monthly Retainer Services

  • Pre-paid fees for the current billing cycle are non-refundable
  • No pro-rated refunds for partial months
  • No refunds for pre-paid services
  • Upon termination, you remain responsible for payment for the full current billing cycle

5.3 No Refunds for Results

We do not provide refunds based on campaign performance, traffic levels, lead generation, or other results, as these outcomes depend on numerous factors beyond our control.

6. Client Responsibilities

To ensure successful service delivery, clients agree to:

6.1 Timely Cooperation

  • Provide all necessary information, materials, assets, and content in a timely manner
  • Respond to requests for feedback, approvals, or clarifications within reasonable timeframes (typically 5 business days)
  • Designate a primary point of contact for the project

6.2 Content and Materials

  • Ensure all content, images, logos, and materials provided to ProfitLift are owned by the client or properly licensed
  • Guarantee that use of provided materials does not infringe on third-party intellectual property rights
  • Provide accurate information about products, services, and business operations

6.3 Account Access

When required for service delivery, clients agree to:

  • Grant ProfitLift necessary access to website hosting platforms, content management systems, and social media accounts
  • Maintain active accounts with required third-party platforms
  • Notify ProfitLift immediately of any security concerns or unauthorized access

6.4 Compliance

  • Comply with all applicable laws and regulations related to their business and marketing activities
  • Follow terms of service for third-party platforms (Meta/Facebook, hosting providers, etc.)
  • Maintain necessary business licenses and permits

6.5 Delays Due to Client

Project timelines may be extended if delays occur due to client failure to provide necessary materials, feedback, or approvals. ProfitLift is not responsible for missed deadlines caused by client delays.

7. Intellectual Property Rights

7.1 Client Ownership of Deliverables

Upon full payment, the client owns all final deliverables created specifically for them, including:

  • Website designs and code
  • Advertising creative and copy
  • Automation workflows
  • Other custom-created materials

7.2 ProfitLift Portfolio Rights

Client grants ProfitLift a non-exclusive, perpetual, royalty-free license to:

  • Display completed work in our portfolio, case studies, and marketing materials
  • Reference the client relationship in promotional materials
  • Use project details (anonymized if requested) for marketing purposes

If client prefers to remain confidential, they must notify us in writing.

7.3 Pre-Existing Materials

ProfitLift retains all rights to:

  • Pre-existing intellectual property, tools, templates, and methodologies
  • General knowledge and techniques used in service delivery
  • Any materials not specifically created for the client

7.4 Third-Party Materials

Any third-party materials, software, plugins, stock photos, or tools used in projects remain subject to their respective licenses. Client is responsible for obtaining and maintaining any necessary licenses.

8. Service Termination

8.1 Termination by Either Party

Either party may terminate ongoing monthly retainer services with thirty (30) days written notice.

8.2 Termination of Project-Based Services

For project-based services:

  • Client may terminate at any time but remains obligated to pay for all work completed to date
  • The initial 50% deposit is non-refundable if client terminates before project completion
  • If client terminates after paying the final 50%, no refund is provided

8.3 Termination by ProfitLift

We reserve the right to terminate services immediately without refund if:

  • Client fails to make timely payments
  • Client violates these Terms of Service
  • Client engages in abusive, threatening, or harassing behavior toward our team
  • Client uses our services for illegal or prohibited purposes
  • Continuing the relationship becomes impractical or unreasonable

8.4 Effect of Termination

Upon termination:

  • Client must pay all outstanding invoices immediately
  • ProfitLift will cease all work on client projects
  • ProfitLift will provide client with available work product completed to date (upon full payment)
  • Access to client accounts will be removed
  • No refunds will be issued for pre-paid services

9. Confidentiality

9.1 Confidential Information

Both parties agree to maintain the confidentiality of proprietary information shared during the course of the business relationship, including:

  • Business strategies and plans
  • Financial information
  • Customer data and lists
  • Account credentials and access information
  • Proprietary processes and methodologies

9.2 Exceptions

Confidential information does not include information that:

  • Is publicly available through no fault of the receiving party
  • Was already known to the receiving party
  • Is independently developed
  • Must be disclosed by law or court order

10. Limitation of Liability

10.1 Service Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Services are provided “as is” without warranties of any kind, express or implied
  • We do not warrant that services will be uninterrupted, error-free, or meet specific requirements
  • We do not guarantee specific results, rankings, traffic, leads, sales, or ROI

10.2 Liability Cap

ProfitLift’s total aggregate liability for any claims arising from our services shall not exceed the total amount paid by client to ProfitLift in the six (6) months immediately preceding the claim.

10.3 Excluded Damages

In no event shall ProfitLift be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:

  • Lost profits or revenue
  • Loss of data or business opportunities
  • Business interruption
  • Damage to reputation
  • Third-party claims

10.4 Third-Party Platforms

We are not responsible for:

  • Actions, policies, or changes made by third-party platforms (Meta, Google, hosting providers, etc.)
  • Account suspensions, restrictions, or bans imposed by third parties
  • Data loss or technical issues caused by third-party services
  • Platform downtime or service interruptions

11. Indemnification

Client agrees to indemnify, defend, and hold harmless ProfitLift, its officers, employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

  • Client’s use of our services
  • Client’s violation of these Terms
  • Client’s violation of any third-party rights, including intellectual property rights
  • Content, materials, or information provided by client
  • Client’s business operations or advertising content

12. Warranties and Representations

Client warrants and represents that:

  • They have the authority to enter into this agreement
  • All information provided to ProfitLift is accurate and complete
  • They own or have proper licenses for all materials provided to ProfitLift
  • Their use of our services complies with all applicable laws
  • Content and advertising materials are truthful and non-misleading

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before initiating any formal dispute resolution, the parties agree to first attempt to resolve disputes informally by contacting each other and negotiating in good faith.

13.3 Arbitration

If informal resolution fails, any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration shall take place in Sheridan County, Wyoming, or remotely via video conference.

13.4 Class Action Waiver

Both parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. General Provisions

14.1 Entire Agreement

These Terms, together with any executed service agreements or statements of work, constitute the entire agreement between client and ProfitLift regarding our services.

14.2 Modifications

We reserve the right to modify these Terms at any time. Updated Terms will be posted on our website with a new “Last Updated” date. Continued use of our services after changes constitutes acceptance of the modified Terms.

14.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.4 Waiver

Failure by ProfitLift to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.

14.5 Assignment

Client may not assign or transfer these Terms without our prior written consent. ProfitLift may assign these Terms to any successor entity in the event of a merger, acquisition, or sale of assets.

14.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet/utility failures.

15. Contact Information

For questions about these Terms of Service, please contact us:

ProfitLift
30 N Gould St, STE R
Sheridan, WY 82801
USA

Email: hey@profitlift.agency
Phone: +1 440-999-2289

 

 

Acknowledgment

By using ProfitLift’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Effective Date: 09.16.2025
Last Updated: 11.10.2025