Terms & Conditions.

Definitions

Key terms used throughout this document:

"Advertising Tier"

The level of paid advertising services selected by the client, as outlined in their service agreement.

"Authorized Users"

Individuals permitted by the client to access CyberMark platforms and services under the client's account.

"Personal Data"

Any information that identifies or could reasonably identify an individual, as defined by applicable privacy law.

"Products and Services"

All digital marketing services, software platforms, tools, and subscriptions provided by CyberMark.

"Subscription"

A recurring service plan for access to CyberMark products, billed on a monthly or annual basis.

"Website"

cybermark.com and all related subdomains operated by CyberMark.

What We Do

CyberMark provides digital marketing services including:

• Search Engine Optimization (SEO)
• Paid Advertising, Google, Facebook, Instagram, and programmatic
• Social Media Marketing
• Content Marketing
• Website Development & Hosting
• Proprietary Software Tools (brandVANTAGE platform)
• Google Business Profile Management
• Local Citations & Reputation Management

Website development timelines vary by project scope. Marketing campaigns typically require 7–14 days for setup before going live. CyberMark does not guarantee specific results including search rankings, lead volumes, or advertising performance.

Payment Terms & Policies

Authorization

By engaging CyberMark services, clients authorize us to charge for recurring monthly fees, one-time project fees, pre-approved advertising budgets, and applicable taxes.

Billing Models

• Monthly recurring subscriptions billed at the start of each billing cycle
• 50% deposit required for custom projects; remainder due upon completion
• Advertising budgets pre-approved and billed separately from service fees
• Payment due upon receipt unless otherwise specified in the service agreement

Late Payments

• Late fee of 10% per 5-day period past due date
• Account suspension after 15 days past due
• Account termination possible after 30 days past due

Failed Payments

Cancellations & Refunds

• 30-day written notice required to cancel any service
• All payments are non-refundable
• Late cancellations (under 30 days notice) trigger one additional billing cycle
• Minimum commitment periods require full payment of remaining balance upon early termination
• Reactivation of a cancelled account requires payment of one month's service fee

Chargebacks

If a client initiates a chargeback without first attempting resolution through CyberMark, a $250 chargeback processing fee will be applied and the account will be immediately terminated.

Credits

Any service credits issued must be used within one year of issuance. Credits are non-transferable and non-refundable.

Using Our Software

• Clients must activate accounts upon receiving activation emails
• Only Authorized Users may access accounts; clients are responsible for all account activity
• Sharing credentials, modifying software, or exceeding fair use limits is prohibited
• Automated updates may occur; CyberMark will provide 30-day notice for major feature removals
• Inactive accounts are deleted 30 days after termination
• Third-party integrations are subject to those providers' own terms; CyberMark is not liable for their failures

CyberMark reserves the right to suspend or terminate access for violation of these terms, non-payment, or activity that threatens the security or integrity of our platforms.

Intellectual Property

What CyberMark Owns

• All proprietary software, platforms, tools, and templates built by CyberMark
• The brandVANTAGE platform and all underlying systems
• Ad strategies, optimization techniques, and proprietary methodologies
• All CyberMark trademarks, logos, and brand assets

What Clients Own

• Content and materials provided to CyberMark by the client
• Custom deliverables (websites, ads, creative) upon receipt of full payment

License Grant

Clients grant CyberMark a limited license to use provided content to deliver contracted services. CyberMark grants clients a limited, non-exclusive, non-transferable license to use our platforms during the active subscription term. This license is revoked upon service termination.

Platform Access After Cancellation

Upon cancellation, clients lose access to CyberMark-hosted services and tools. Websites hosted on CyberMark infrastructure may become inaccessible; clients must arrange transfer to an alternative host prior to cancellation. Upon request, CyberMark may provide standard content export, additional support beyond standard export incurs fees.

Clients may not copy, replicate, reverse-engineer, or create derivative works from CyberMark's systems, platforms, or proprietary methodologies.

Confidentiality

Both CyberMark and its clients agree to protect each other's confidential information and not disclose it to third parties without consent. Exceptions include:

• Disclosures required by law, court order, or regulatory authority
• Sharing with trusted third-party service providers under confidentiality obligations
• Disclosures with the explicit written consent of the other party

CyberMark will never sell client data to unrelated third parties.

Your Data

Data We Collect

• Business details, login credentials, and marketing materials you provide
• Usage data, IP addresses, and browser information from platform interactions
• Third-party integration data via connected APIs
• Tracking data from embedded analytics tools (cookies, pixels, session recordings)

How We Use It

Service delivery, analytics reporting, billing, support personalization, security monitoring, and regulatory compliance.

Security

We use encryption, access controls, and ongoing monitoring to protect your data. Clients are responsible for maintaining secure passwords and controlling access to their accounts.

Client Rights

Clients may request access, correction, export, or deletion of their data. Administrative fees may apply for data export requests beyond standard service.

Retention

Data is retained for active accounts throughout the subscription period. Upon account termination, data is deleted after 90 days, except in cases of failed payment termination, where deletion may occur sooner.

Privacy Compliance

CyberMark aims to comply with GDPR and CCPA where applicable. Clients are responsible for ensuring their own compliance with local privacy laws governing how they collect and use end-customer data.

Third-Party Tools & Integrations

CyberMark facilitates integrations with third-party platforms (Google, Meta, and others) but does not control them. The following apply to all third-party integrations:

• Third-party platforms are governed by their own terms of service
• CyberMark is not liable for failures, outages, data breaches, or pricing changes by third-party providers
• Integration failures may result in CyberMark offering alternatives, but no replacement is guaranteed
• Clients acknowledge that platform policy changes by third parties may affect service delivery

Subscription Plans & Changes

• Clients select service tiers as outlined in their service agreements
• Upgrades take effect immediately with prorated charges applied
• Downgrades take effect at the start of the next billing cycle
• CyberMark may add, remove, or modify features; 30-day notice will be provided for major removals

Your Responsibilities

• Provide accurate, complete, and timely information and materials needed to deliver services
• Ensure you have the rights to all content submitted to CyberMark
• Cooperate, respond to requests promptly, and follow CyberMark guidelines
• Monitor account usage and report any suspicious activity immediately
• Maintain a current and accurate email address on file

Failure to cooperate or provide required materials may result in project delays or additional costs. CyberMark is not liable for service gaps caused by client non-response or withheld materials.

Ending Our Work Together

Cancellation may be submitted via email to support@cybermark.com or through the client portal. The following apply upon cancellation:

• 30-day written notice is required; services remain active until the billing cycle end unless otherwise agreed
• No refunds are issued for unused services
• Subscription access is revoked upon cancellation effective date
• Websites hosted on CyberMark infrastructure may become inaccessible, clients must arrange alternative hosting before cancellation takes effect
• Ad accounts managed by CyberMark remain CyberMark's property; clients retain access to their own ad platform accounts
• All outstanding balances must be paid before cancellation is finalized
• Minimum commitment periods require payment of any remaining balance owed

Warranties & Limitation of Liability

No Guarantees

CyberMark does not guarantee specific results, including search rankings, lead volumes, traffic levels, or advertising performance. Results vary based on market conditions, competition, and factors outside our control.

Exclusions

CyberMark is not responsible for: third-party platform failures, issues arising from client-provided content, weak password security on client-controlled accounts, or results impacted by client failure to cooperate or respond in a timely manner.

Liability Cap

Good-Faith Resolution

Both parties commit to attempting good-faith resolution of any dispute within 15 business days before initiating formal legal proceedings.

Dispute Resolution

• All disputes are resolved through mediation and/or binding arbitration in Arizona, under Arizona law
• Claims must be filed within 90 days of the event giving rise to the claim, or they are permanently waived
• Class action lawsuits are waived, all disputes are handled on an individual basis only
• CyberMark may seek immediate injunctive relief in cases of IP violations, non-payment, or fraud without waiting for the 15-day good-faith period

Website Accessibility

Unless explicitly included in a Statement of Work, CyberMark does not provide:

• Formal accessibility audits
• Accessibility certifications
• Guarantees of ADA, WCAG, or Section 508 compliance

Clients are responsible for determining their own accessibility requirements and maintaining compliance with applicable laws. CyberMark is not liable for accessibility claims, settlements, or legal fees unless accessibility services are expressly contracted.

Optional third-party accessibility products (such as accessiBe) are client-purchased and governed by that provider's terms. CyberMark may receive referral commissions for such products.

Changes to These Terms

• Major changes: 30-day email notice to the primary contact on file before taking effect
• Minor changes: May be implemented without prior notice
• Clients must maintain a current email address on file to receive change notifications
• Continued use of CyberMark services after changes take effect constitutes acceptance of the updated terms