Marketing Agency Brooklyn – Caponero Marketing

Terms of Service for Caponero Marketing

Last Updated: July 15, 2025

Welcome to Caponero Marketing (“we,” “us,” or “our”). By accessing or using our website at caponeromarketing.com or our software-as-a-service (SaaS) platform (collectively, the “Services”), you (“Client” or “you”) agree to be bound by these Terms of Service (“Terms”). These Terms govern your use of our Services, including CRM, email marketing, SMS marketing, funnels, landing pages, website building, social media scheduling, reputation management, analytics, SEO, digital advertising, website creation, and printing services (digital and physical products). If you do not agree, please do not use our Services.

1. Use of Services

  • Eligibility: You must provide accurate and complete information to create an account. There are no strict age restrictions, but you must have legal authority to enter contracts.
  • Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
  • User Content: You may upload content (e.g., ad creatives, website designs). You grant us permission to use this content to provide the Services, including acting on your behalf to execute marketing campaigns or produce deliverables. You are solely responsible for ensuring your content complies with applicable laws.
  • Prohibited Conduct: You agree not to use the Services for illegal activities, to infringe on third-party rights, or to disrupt our platform (e.g., via malware or excessive usage).

2. Service-Specific Terms

  • SMS Marketing: You must comply with U.S. Telephone Consumer Protection Act (TCPA), CTIA guidelines, and A2P 10DLC regulations, including obtaining express consent from recipients before sending SMS messages. We are not liable for your failure to comply.
  • Wallet System: Usage-based services (e.g., SMS, AI review replies) are charged against your account wallet. Funds added to the wallet are non-transferable and non-refundable.
  • Printing Services: Physical products are shipped at your expense. You are responsible for verifying design proofs before production. We are not liable for errors in approved designs or shipping delays.
  • Reselling: You may not resell or white-label our Services without our prior written consent.

3. Payment Terms

  • Fees: You agree to pay all applicable fees for the Services, including subscriptions and usage-based charges via the wallet system.
  • No Refunds or Returns: All sales, including subscriptions, digital services, and physical products (e.g., printing), are final. No refunds or returns are permitted.
  • Payment Processing: Payments are processed securely via Stripe. You authorize us to store payment information for recurring or usage-based charges.

4. Authorization and Liability Disclaimer

  • Authorization: You grant us permission to act on your behalf to execute marketing campaigns, manage social media, create websites, produce ads, or fulfill printing orders based on your instructions and uploaded content.
  • No Liability for Outcomes: While many clients achieve significant results using our Services, we cannot guarantee specific outcomes due to market variables and your usage. We are not liable for any losses, damages, or legal disputes arising from your use of the Services or the actions we take on your behalf with your permission. For example, we are not responsible for third-party claims related to your marketing campaigns, content, or printed materials.
  • Indemnification: You agree to indemnify and hold harmless Caponero Marketing, its affiliates, and employees from any claims, damages, or legal actions resulting from your use of the Services, your content, or our actions taken with your authorization.

5. Termination

  • We may suspend or terminate your account for violation of these Terms, non-payment, or illegal activity, with or without notice.
  • Upon termination, your access to the Services ends, and wallet funds remain non-refundable.

6. Dispute Resolution

  • Governing Law: These Terms are governed by the laws of New York, USA.
  • Arbitration: Any disputes arising from these Terms or the Services will be resolved through binding arbitration in Brooklyn, New York, under the rules of the American Arbitration Association. You waive the right to participate in class actions.

7. General Provisions

  • Changes to Terms: We may update these Terms and will notify you via email or the platform. Continued use after changes constitutes acceptance.
  • Entire Agreement: These Terms, along with the Privacy Policy, constitute the full agreement between you and Caponero Marketing.
  • Contact: For questions, contact us at [email protected].

By using our Services, you acknowledge that you have read, understood, and agree to these Terms, including the authorization to act on your behalf and the disclaimer that we are not liable for any resulting disputes or outcomes.