Terms of Service
These terms apply when a business ("Client", "you") uses ZBS Marketing's lead generation services or software platform (together, the "Services"). If you and Zoldyck Business Solutions LLC, doing business as ZBS Marketing ("ZBS", "we", "us"), sign a separate written agreement or order, that agreement controls where it differs from these terms. By using the Services, you agree to these terms on behalf of your business, and you confirm you have the authority to do so.
1. What we provide
Depending on your plan, we research businesses that fit the customer profile you approve, prepare outreach emails for your review, send the emails you approve from your own email account, track replies, and help book meetings with prospects who agree to them. The current plans and prices are described on our website or in your order.
2. Your account
- Keep sign-in details private, and make sure the people you invite use the Services only for your business.
- Tell us promptly if you suspect anyone has used your account without permission.
- You are responsible for what happens under your account, including approvals given by your team.
3. Approvals and accuracy
- Nothing is sent in your name until a workspace administrator on your team approves the email template and starts the campaign. Each email is also approved before it goes out.
- Emails may only describe your services, results, pricing and customers as you have approved them. We do not invent facts, testimonials, results or relationships. You agree to give us only accurate information, and to approve only case studies you have permission to share.
- We do not make binding commitments, quote prices or agree to terms with prospects on your behalf unless you authorize it in writing.
4. Following the law
- Both of us will follow the laws that apply to commercial email, including the US CAN-SPAM Act. Every email includes your business's postal address and an unsubscribe option, and opt-outs are honored automatically.
- If you give us contact lists, you confirm you have the right to use them for this purpose.
- You may not use the Services for anything unlawful, deceptive or harassing, to send content you don't have rights to, or to contact people who have opted out.
- Some industries and channels (for example, credit services, or calls and text messages) have extra legal rules. We will only offer services in those areas after agreeing with you in writing how they will comply.
5. Connecting your Google account
You may connect a Google account so emails are sent from your own address and meetings appear on your calendar. You can disconnect it at any time. How we use data from Google is explained in our Privacy Policy. You remain responsible for following Google's terms for your account, and for the sending limits that apply to it.
6. Fees and payment
- Fees are as stated in your plan or order: a monthly fee, any one-time setup fee, and, on per-meeting plans, a fee for each qualified meeting held.
- We invoice monthly. Invoices are due by the date shown on them. Pilot pricing applies only for the period stated in your order.
- We may pause the Services if an invoice is 7 or more days overdue, after notifying you.
- Fees exclude taxes, which you pay where they apply.
7. Results
We work to bring you qualified conversations and meetings, but results depend on your market, your offer and how prospects respond. Unless your written order says otherwise, we do not guarantee any number of leads, replies, meetings or sales.
8. Your data and ours
- Your business information, templates, case studies and the records of your campaigns belong to you. You can ask for a copy at any time.
- You give us permission to use them only to provide the Services to you.
- The Platform, our software, research methods and general know-how belong to ZBS.
- Prospect research gathered for you is not shared with other clients.
9. Confidentiality
Each of us will keep the other's non-public business information confidential and use it only for this relationship. This doesn't apply to information that is already public, or that must be disclosed by law.
10. Ending the Services
- Either of us may end the Services with 30 days' written notice, unless your order sets a different term.
- We may suspend or end the Services immediately if they are being used unlawfully, or in a way that threatens the Services, other clients, or the people being contacted.
- When the Services end, outreach stops, and we will return or delete your data as described in our Privacy Policy. Fees for work already done remain payable.
11. Disclaimers and limits
- The Services are provided "as is". To the extent the law allows, we disclaim implied warranties such as merchantability and fitness for a particular purpose.
- Neither of us is liable to the other for indirect or consequential losses, such as lost profits.
- Our total liability for any claim relating to the Services is limited to the fees you paid us in the 3 months before the claim arose.
- These limits don't apply where the law doesn't allow them.
12. Responsibility for claims
You will cover our reasonable costs if a third party brings a claim arising from information or lists you provided, or content you approved, that you did not have the right to use. We will do the same for claims arising from our own breach of law in providing the Services.
13. General
- These terms are governed by the laws of the State of Florida.
- We may update these terms. We will post the new version here, and email active clients at least 30 days before a material change takes effect.
- If any part of these terms can't be enforced, the rest still applies.