1. Overview
PartyMarketer, LLC (“PartyMarketer,” “we,” “our,” or “us”) provides marketing services, automation software, and training. By using our services, you agree to these Terms of Service along with our Privacy Policy, Data Processing Agreement, and Affiliate Agreement (collectively, the “Terms”). You must be at least 18 years old to use our services.

2. Account registration

You agree to provide accurate, complete, and current information; safeguard your account credentials; and notify us immediately of any unauthorized use. Carrier fees (for phone, text, and email usage) may apply and are not refundable.

3. License grant and restrictions

We grant you a personal, limited, nonexclusive, nontransferable, revocable license to use the software while you comply with these Terms and all payment obligations. You may not provide third-party access; copy, reverse-engineer, resell, or transfer your license; permit third-party use via rental, lease, or hosting; or access the software via timesharing or similar remote arrangements. Violation may result in immediate termination.

Operational access and email forwarding
You acknowledge that PartyMarketer may need access to your email, domain dns, social media accounts to integrate services. We may set up forwarders from client email to an address designated by PartyMarketer to enable features. You agree to provide the access reasonably required to deliver services and understand some integrations may involve third-party platforms.

4. Acceptable use

You agree not to use the services for unlawful purposes; upload malware; send spam or unsolicited marketing; violate A2P/SMS/email rules; misrepresent your identity; use bots or scrapers; or resell/redistribute without written permission. You also agree not to disparage PartyMarketer or its affiliates.

5. Intellectual property

All PartyMarketer content, software, trademarks, and materials are owned or licensed by PartyMarketer. You may not reproduce or exploit our proprietary content without written permission. User-uploaded content remains your property.

6. Subscriptions, billing, refunds, and auto-renewal

Billing
Subscriptions are billed in advance and automatically renew unless cancelled. A valid debit or credit card is required. Failure to pay may result in suspension and data loss. We may change fees with notice before renewal.

Refunds
Setup or any retainer fees are 100% non-refundable. Subscription fees are 100% non-refundable and not prorated. Refunds are at our sole discretion. Our payment processor does not refund processing fees, if we issue at our sole discretion a refund please note the amount is less 3% processing fees.

Refund Policy for Paid Support Hours
All paid support hours purchased from PartyMarketer, LLC are non-refundable once billed. Any hours not used cannot be carried over, credited, or refunded. Support hours may be applied only to customization, modifications, or implementation tasks requested by the client.

One-Time Digital Product Builds
Any one-time payment made to PartyMarketer, LLC for the creation of digital products, including but not limited to landing pages, websites, or other assets hosted on our platform, is considered labor and service fees. These hosted assets may be discontinued or suspended in the event of non-payment for associated services. We reserve the right to charge a reactivation fee if hosting is discontinued and later reinstated. Additionally, we may charge transfer fees for migrating or releasing digital assets that we were contracted to build, whether to another platform or provider.

Advertising Spend
All paid advertising spend is billed directly by the advertising platform (e.g., Google, Meta, etc.) to the client. PartyMarketer, LLC is not responsible for managing, collecting, or resolving any issues related to ad spend billing.

Taxes and third-party fees
You are responsible for all applicable taxes and third-party costs (e.g., Google, Meta, carriers).

7. Cancellations
To cancel your subscription, you must send a written request via email at least 7 days before the end of your current billing period. Cancellation stops future renewals; it does not refund past charges. We may immediately terminate or suspend access if your payment method fails. A nominal one-time fee may apply for account transfers away from or into PartyMarketer. We do NOT reverse, un-install, or re-install custom code on your website, landing pages, or social media upon cancellation.

Retention of Phone Numbers
If you wish to retain your phone numbers, porting out must be completed prior to the cancellation date of your subscription. Once the cancellation date has passed, we cannot recover phone numbers or associated data.

8. Service modifications

We may modify, update, or discontinue any part of the services at any time. We are not liable for interruptions, downtime, or changes.

9. User submissions and feedback

By submitting feedback or suggestions, you grant PartyMarketer a non-exclusive, royalty-free license to use them lawfully without compensation. User content uploaded for campaigns remains your property.

10. Data responsibility

You are responsible for backing up your data. We are not liable for data loss due to cancellations, non-payment, or system issues. You may request a data export before termination; access after termination is not guaranteed.

11. Compliance with messaging regulations

PartyMarketer, LLC provides tools for text messaging, phone, and email communication. However, it is solely the responsibility of the user to ensure compliance with all applicable federal, state, and local laws regarding text messaging, email, and phone solicitations. PartyMarketer, LLC is not responsible for monitoring, enforcing, or ensuring compliance with these regulations on behalf of its users. By using our services, you acknowledge and accept that you are responsible for adhering to all relevant laws and industry guidelines regarding communications with your contacts.

12. Marketing campaigns – emails and communications

You are solely responsible for how campaigns are configured and executed.

Prohibition on spam
You may not send unsolicited emails, texts, or voice drops. We may suspend or terminate accounts with complaint rates above industry norms.

Sender identity and content
You must accurately identify your organization and include a valid physical mailing address in email sends.

Opt-out
All messages must include an opt-out mechanism. You must honor and process opt-out requests and maintain suppression lists after termination.

13. Termination

We may suspend or terminate your account immediately for violations of these Terms or non-payment. Upon termination, your right to use the services ceases immediately and all outstanding payments become due.

14. Disclaimers

The services are provided “as is” and “as available.” We do not guarantee error-free or uninterrupted access, specific outcomes or ROI, or that services are free from harmful components.

15. Limitation of liability

To the maximum extent permitted by law, our total liability is limited to the amount you paid in the two months preceding the claim. We are not liable for indirect or consequential damages, including lost profits, business, or data.

16. Indemnification

You agree to indemnify and hold harmless PartyMarketer, its affiliates, and team members from any claims, damages, or losses arising from your use of the services or violation of these Terms. We may assume exclusive defense at our expense; you agree to reasonably cooperate.

17. Third-party links and services

Our services may link to or integrate third-party platforms (e.g., Twilio, LC Phone, Lead Connector, HighLevel, Mailgun, Google, Meta). We are not responsible for their content, practices, downtime, outages, fees, or data handling. Use them at your own risk.

18. Electronic communications

By using our services, you consent to receive electronic communications, including agreements, notices, and updates. Some communications are mandatory.

19. Governing law and disputes

These Terms are governed by the laws of the State of Florida. Any dispute will be resolved by binding arbitration in Florida under the Federal Arbitration Act, except claims qualifying for small claims court. By agreeing, you waive the right to a jury trial.

20. Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

21. Updates to terms

We may revise these Terms at any time. Updated Terms will be posted on our website. Continued use of the services constitutes acceptance.

22. Case Study Usage
By using our services, you grant PartyMarketer, LLC the right to reference and publicly display your business results, reviews, testimonials, campaigns, or outcomes as case studies for marketing and promotional purposes. Any such use will not disclose confidential information (such as exact client lists or sensitive financial details) without your prior written consent.

23. Disputes

Any dispute or claim relating in any way to the Software or this Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Illinois law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. By entering into this Agreement and agreeing to arbitration, you agree that you and PartyMarketer, LLC are each waiving the right to file a lawsuit and the right to a trial by jury. In addition, you agree that you have expressly and knowingly waived these rights. This section shall survive expiration, termination, or rescission of this Agreement.

24. General

This Agreement is the entire agreement between you and PartyMarketer, LLC and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement. However, PartyMarketer, LLC may assign or transfer it without your consent to: An affiliate Another company through a sale of assets by PartyMarketer, LLC A successor by merger Any assignment in violation of this section shall be void.

25. Consent for Marketing Communications
By submitting any form on our websites or landing pages, you agree to our Privacy Policy and Terms & Conditions and provide your express written consent to be contacted by PartyMarketer, LLC via text, phone call, email, or mail. This includes contact to wireless numbers and applies even if your number is listed on a federal or state Do Not Call list. You acknowledge and agree that:

• You may be contacted using automatic dialing equipment.

• Message and data rates may apply.

• You can opt out at any time by replying “STOP” to any text message.

• Your consent is not a condition of purchase.

26. Support Onboarding
We provide One-on-One onboarding meetings via zoom for all new subscribers upon signup. These are limited in number and designed to complete your initial account setup.

Included Support
Your subscription does not include ongoing account build-out, custom setup, or continued maintenance beyond the initial onboarding and setup process.

Paid Support

• Any future or ongoing build-out, customization, or advanced setup is subject to paid support.

• Paid support is available through bucket support hours, sold in increments of five (5) hours.

• Paid support covers further customization, modifications, or implementation of new features or changes.

Self-Service Resources

Our support portal includes:

• Training videos

• Help documentation

• Ticketing system for basic questions and troubleshooting

Communication Channels

We provide assistance via text and email for usage-related questions.

Support outside of these channels or beyond basic usage falls under paid support as outlined above.

27. Contact Information

If you have questions, contact us at:

PartyMarketer, LLC
340 9th St North, Suite #83

Naples, FL 34102

Phone: 239-610-9666
Email: [email protected]