Master Terms of Service

Effective Date: June 3, 2026 Last Updated: June 3, 2026

These Master Terms of Service (“Terms”) govern all services provided by Plastix Marketing LLC (“Plastix,” “the Agency,” “we,” “us,” or “our”) to any client (“Client,” “you,” or “your”). These Terms are incorporated by reference into every Plastix Marketing service agreement, proposal, statement of work, or order form (each, an “Order”) that you sign or accept. By signing an Order, you agree to these Terms in full. If there is a direct conflict between an Order and these Terms, the Order controls for that specific Client, but only as to the conflicting provision.

We may update these Terms from time to time. The version in effect on the date you sign your Order governs your engagement for that Order’s term. Material changes will be posted at https://plastixmarketing.com/terms with an updated “Last Updated” date, and will apply to renewals and new Orders going forward. The Agency’s Privacy Policy and Cookie Policy, which describe how the Agency handles website-visitor and prospect data, are available at plastixmarketing.com and are addressed in Section 15.

1. Definitions

“Agency Property” means all proprietary methodologies, frameworks (including The Plastix Protocol™), templates, processes, software, tools, automations, workflows, code, and systems developed by or for Plastix before or during the engagement, together with any improvements to them.
“Client Property” means assets owned by the Client and provided to the Agency, including hardware, software, third-party accounts, email accounts, websites, social profiles, access credentials, promotional photography (including before-and-after photos where applicable), and patient or customer testimonials.
“Work Product” means the custom creative assets, campaigns, copy, designs, and content created by the Agency specifically for the Client under an Order.
“Third-Party Platforms” means services not controlled by the Agency, including Google, Meta, TikTok, YouTube, hosting providers, CRM platforms, payment processors, and similar vendors.
“Media Spend” means amounts paid to advertising platforms to run Client campaigns, separate from Agency management fees.
“AI Tools” means artificial intelligence, machine learning, and automation tools the Agency uses to assist in producing or optimizing services, including content generation, design, research, audience targeting, and workflow automation.
“Client Systems” means third-party platforms and accounts owned or controlled by the Client to which the Client grants the Agency access, including its CRM, website, hosting, email, advertising, and analytics accounts.
“PHI” means Protected Health Information as defined under the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (“HIPAA”).
“Ad Accounts” means the advertising platform accounts and assets used to run Client campaigns, including Google Ads accounts, Meta Business Manager and ad accounts, pixels, conversion tags, audiences, and associated campaign structures.

2. Services and Scope

The Agency will provide the services described in the applicable Order. Services are defined by the deliverables list in that Order and its appendices. Anything not expressly listed is out of scope.

Scope changes. Changes to agreed scope require written approval (email is sufficient) and may be billed at the Agency’s standard rate of $150/hour unless a different rate is stated in the Order. “Unlimited revisions,” where offered, applies to refinement of approved work and does not include complete strategy overhauls, rebrands, or fundamental changes to approved campaign direction. Third-party integrations beyond standard platforms may incur additional cost. Rush or emergency requests may incur a 50% premium.

Client cooperation. Timely performance depends on you. You agree to provide materials, approvals, access, and feedback promptly. Agency timelines pause while we await items, approvals, or access from you. Delays caused by the Client do not entitle the Client to fee reductions or extend the Agency’s obligations without a written amendment.

3. Service Levels

Unless an Order states otherwise, the Agency targets the following service levels:

Initial campaign setup: within 21 business days of Order execution and receipt of all required materials and access.
Response to Client communications: within 2 business days during business hours.
Monthly reporting: delivered by the 5th of the following month.
Optimization reviews: at least bi-weekly for active paid campaigns.
Urgent issues: initial response within 4 business hours during business hours (9 AM–5 PM ET, Monday–Friday, excluding holidays).

These are good-faith targets, not guarantees, and do not apply during periods of Client delay, non-payment, suspension, or force majeure.

4. Fees, Payment, and Billing

Fees. You agree to pay the fees in your Order, including the monthly retainer, any paid-ads management fees, setup fees, and selected add-ons. Fees are quoted and billed in U.S. dollars.

Term fees billed monthly. Where an Order describes a plan billed in monthly installments over the initial term, you acknowledge that the total plan fee is allocated across the months of the term (six or twelve, as applicable) as a billing convenience, and that deliverables are completed at different points across the term. This structure lowers your monthly cost; it does not convert the engagement into a month-by-month commitment during the initial term.

Due dates. All monthly payments are due by the 15th of each month. The Agency accepts ACH or check. Credit card payments are accepted with an additional 3.75% technology fee.

Payment methods on file. You must provide and maintain two (2) valid payment methods: either one credit card plus one ACH bank account, or two credit cards. You authorize recurring automatic charges to your primary method on the 15th of each month (or the next business day if the 15th is a weekend or holiday). If the primary method fails, the secondary method will be charged automatically. Billing reminders are sent approximately 5 days before each charge. You are responsible for keeping payment information current and for updating expired or invalid methods within 5 days of notice. Payment data is encrypted and stored in your secure payment vault within the Client portal.

Payment authority and authorization. The person who signs the Order and provides payment information represents and warrants that: (i) they are duly authorized to bind the Client entity to this Agreement; (ii) they are an authorized signer or accountholder on each payment method and bank account provided, with full authority to authorize charges to it; and (iii) all payment information provided is true, valid, and properly authorized. The Client and the signer authorize the Agency and its payment processor to charge the methods on file on a recurring basis under these Terms. Providing a payment method on which the payer is not an authorized signer or accountholder — including the personal account of a third party without that party’s authorization — is a material breach and a misrepresentation, and the Client and signer remain fully liable for all amounts regardless of the payment method used or any dispute by an accountholder.

Media Spend. Media Spend is separate from management fees. Depending on the Order, Media Spend is either paid by you directly to the platform or funded through the Agency. If funded through the Agency, you authorize the Agency to charge or collect Media Spend in advance, and the Agency is not obligated to advance, front, or continue any campaign for which Media Spend has not cleared. The Agency is not responsible for campaign pauses, lost performance, or platform penalties resulting from a Client payment failure.

Late payments. Payments not received by the 20th incur a 1.5% monthly late fee on the overdue balance. The Agency may suspend services after 30 days of non-payment; you remain liable for all fees during any suspension. Collection costs and reasonable attorneys’ fees on amounts sent to collections are your responsibility.

Chargebacks, reversals, and clawbacks. Initiating a chargeback, ACH return or reversal, or any other clawback of fees for services that have been rendered is a material breach. You agree to raise any billing concern with the Agency and use the dispute process in Section 24 before initiating any such dispute. If a chargeback, reversal, or clawback occurs, the disputed amount is immediately reinstated as a debt owed to the Agency, together with all collection costs and reasonable attorneys’ fees the Agency incurs in responding to the dispute and recovering the amount. The Client and the signer remain liable for the full amount regardless of which payment method or account was used and regardless of any determination by a bank, card network, or payment processor in the dispute, which governs only the processor’s reversal and does not determine the Client’s underlying contractual liability to the Agency.

Acceleration on default. If the Client fails to pay an amount due and does not cure within the applicable cure period, or initiates or causes any chargeback, reversal, or clawback of fees for services rendered, then in addition to all other remedies the Agency may, at its option, declare all remaining fees for the balance of the then-current initial term immediately due and payable as an accelerated lump sum. The parties agree this reflects the Client’s commitment to the full term and the Agency’s reliance on it in pricing the engagement. Amounts accelerated under this provision are in lieu of, not in addition to, the early-termination fee in Section 5 for the same unpaid period.

Personal guarantee. By signing the Order, the individual signer, in their personal capacity and in addition to signing on behalf of the Client entity, personally and unconditionally guarantees the full and timely payment of all amounts the Client owes under this Agreement, including fees, late fees, accelerated amounts, reversed or clawed-back amounts, and collection costs and reasonable attorneys’ fees. This is a guarantee of payment and not merely of collection, meaning the Agency may seek payment from the signer directly without first exhausting remedies against the Client entity. The guarantee survives termination of this Agreement and continues until all amounts owed are paid in full. The signer waives notice of the Client’s default and consents to the guarantee remaining in effect through any renewal or modification of the Order.

Non-refundable. Except as expressly stated in an Order, fees for services performed and setup fees are non-refundable.

5. Term, Renewal, and Termination

Initial term. The initial term is the period specified in the Order, which is either six (6) months or twelve (12) months, beginning on the Order execution date. If the Order does not specify a term, the initial term is twelve (12) months.

Automatic renewal. After the initial term, the engagement automatically renews on a month-to-month basis at the then-current rate until either party cancels. Either party may cancel a month-to-month renewal with 30 days’ written notice. The Agency will send a renewal reminder before the initial term ends. Where required by applicable state automatic-renewal law, the Agency will provide the disclosures and cancellation methods those laws require, and those requirements control over this section to the extent of any conflict.

Early termination during the initial term. If the Client terminates during the initial term for convenience (i.e., not for the Agency’s uncured material breach), the Client agrees to pay an early-termination fee equal to fifty percent (50%) of the remaining monthly retainer fees that would have been due for the balance of the initial term. The parties agree this amount is a reasonable pre-estimate of the Agency’s lost revenue and reallocation costs, is not a penalty, and reflects the Agency’s reliance on the full-term commitment when pricing the engagement. This fee is due within 15 days of the termination date and is in addition to any amounts already accrued and unpaid.

Termination for breach. Either party may terminate for the other’s material breach if the breach is not cured within 30 days of written notice. The Agency may terminate or suspend immediately for: non-payment beyond 45 days, breach of confidentiality, illegal activity, or violation of TCPA or other communications-compliance requirements. The early-termination fee does not apply where the Client terminates for the Agency’s uncured material breach.

Effect of termination. Final invoices are due within 15 days. The Agency will return Client Property within 30 business days of termination (see Section 13). Transition assistance beyond return of Client Property is available for 30 days at standard hourly rates. The Agency may retain Work Product and anonymized results for portfolio and reference use as described in Sections 12 and 15.

6. Results, No Guarantee, and Platform Dependency

Marketing outcomes depend on many factors outside the Agency’s control, including market conditions, your pricing and offers, your staff’s lead handling, your reputation, and the policies and algorithms of Third-Party Platforms. The Agency does not guarantee any specific result, ranking, lead volume, conversion rate, revenue, or return on investment. Past results, case studies, and projections are illustrative and not promises of future performance.

The Agency does not control Third-Party Platforms and is not responsible for: algorithm or policy changes; ad account suspensions, rejections, or bans; price changes; outages; data loss on platforms you own; or the quality or intent of leads generated. Where a platform suspends or restricts an account, the Agency will use reasonable efforts to assist but cannot guarantee reinstatement.

7. Paid Advertising

This Section applies where an Order includes paid advertising management.

Ad account ownership. Ownership of Ad Accounts is as specified in the applicable Order. If the Order is silent, the Client owns its Ad Accounts, and the Agency operates within them under access granted by the Client. Where the Agency creates or hosts an Ad Account, asset, or campaign structure within the Agency’s own Business Manager, MCC, or equivalent, ownership of that account shell and the Agency’s proprietary campaign templates remains with the Agency unless the Order states otherwise; on termination, the Agency will, on request and on full payment, provide the Client with an export of its campaign data and reasonable assistance transferring campaigns to a Client-owned account, but is not obligated to transfer the Agency’s own account shell or proprietary structures. The Client owns its own pixels, conversion data, and audiences built on Client-owned property.

Budget authority and ad spend. The Agency will manage campaigns within the budget authorized in the Order or in writing by the Client. Changes to budget or Media Spend require the Client’s written approval (email is sufficient). Where Media Spend is billed directly by a platform to the Client’s payment method, that spend is a transaction between the Client and the platform; the Agency does not control platform billing and is not responsible for it. The Agency does not guarantee any result, cost-per-lead, cost-per-acquisition, or return at any spend level.

Platform overspend, billing errors, and fraud. Advertising platforms control bidding, delivery, and billing. The Agency is not responsible for platform overspend, platform billing errors, click fraud, bot traffic, or invalid activity, which the platforms themselves do not reliably refund. The Agency will use reasonable efforts to monitor for anomalies and to pursue platform credits where available, but does not guarantee recovery of any amount.

Ad creative and claim approval. The Client is responsible for the substance of all advertising claims about its practice, providers, procedures, pricing, and outcomes. The Client agrees to review and approve all ad creative, copy, and claims before launch. The Client warrants that approved advertising — including any before-and-after imagery, results or outcome statements, testimonials, and pricing — is truthful, substantiated, and compliant with FTC guidance, applicable state medical-board and medical-advertising rules, and platform policies. The Agency may decline to run creative it reasonably believes violates law or platform policy. The Agency is not liable for, and the Client indemnifies the Agency against, claims arising from the substance of advertising the Client has approved, including false-advertising, deceptive-practices, regulatory, or platform-policy claims.

Account suspensions. Platforms may reject, restrict, suspend, or ban Ad Accounts or ads for reasons within their sole discretion, including policy interpretations specific to healthcare and aesthetics advertising. The Agency does not control these decisions, cannot guarantee approval or reinstatement, and is not liable for losses arising from them.

8. Third-Party Platforms and Their Terms

The services are delivered through Third-Party Platforms (including Google, Meta, the Client’s CRM, hosting, email, and analytics providers) that the Agency does not own or control. The Client acknowledges that its use of those platforms is governed by each platform’s own terms of service and policies, that the Client is bound by them, and that those terms and policies override what the Agency can deliver. A platform’s change to its policies, features, pricing, algorithms, or availability is outside the Agency’s control, and the Agency is not in breach of these Terms or any Order where its performance is limited or prevented by a Third-Party Platform. The Client is responsible for maintaining its own accounts, subscriptions, and compliance with those platforms.

9. Reporting and Attribution

The Agency provides performance reporting using third-party analytics and platform data. The Client acknowledges that marketing attribution is inherently imperfect and that reported figures are estimates, not audited financial measurements. Factors including privacy controls (such as iOS and browser tracking restrictions), cookie deprecation, ad blockers, cross-device and offline conversions, call and walk-in activity, and differences between platform reporting methodologies mean that reported leads, conversions, attribution, and revenue may not match the Client’s internal records. The Agency does not warrant the accuracy or completeness of third-party platform or analytics data and is not liable for discrepancies arising from it. Reporting is provided for informational and optimization purposes.

10. Use of Artificial Intelligence

Disclosure and consent. The Client acknowledges and agrees that the Agency uses AI Tools as part of its workflow to assist in producing, researching, and optimizing services, including content drafting, design, copywriting, keyword and audience research, automation, and reporting. By signing an Order, the Client consents to the Agency’s use of AI Tools in delivering the services.

No guarantee of accuracy. AI-generated output can contain errors, inaccuracies, outdated information, bias, or content that resembles existing material. The Agency uses AI Tools to assist its team, not to replace human judgment, but the Agency does not warrant that AI-assisted output is accurate, original, complete, non-infringing, or fit for any particular purpose. AI-assisted deliverables are provided on the same “as is” basis as all other deliverables under Section 19.

Mandatory Client review and approval. The Client is the subject-matter expert on its own practice, providers, procedures, pricing, and clinical and regulatory claims. The Client agrees to review and approve all AI-assisted deliverables before they are published, sent, or otherwise put into use. This is especially important for any content containing medical, clinical, pricing, before-and-after, outcome, or compliance-sensitive claims, which the Client alone is responsible for verifying. The Agency will not publish compliance-sensitive content without the Client’s approval, and the Client’s approval is its representation that the content is accurate and compliant for its practice.

Client ownership of approved output. Once the Client reviews, approves, publishes, or otherwise uses an AI-assisted deliverable, the Client assumes full responsibility for that content and its use. The Client agrees that the Agency is not liable for any claim, loss, regulatory action, or damages arising from AI-assisted content that the Client has reviewed, approved, published, or used, including claims of inaccuracy, infringement, false or misleading advertising, or regulatory non-compliance. The Client agrees to indemnify and hold the Agency harmless from such claims, consistent with Section 21.

Client data and AI. The Agency does not knowingly submit Client confidential information or PHI to public or consumer AI Tools in a manner that would make it available to train third-party models. The Agency’s handling of Client data, including any data governed by a BAA, is addressed in Sections 14 and 15.

11. Website Hosting and Compliance Services

This Section applies where an Order includes website design, hosting, or a website hosting and compliance package.

Hosting subscription and term. Website hosting is provided on a recurring subscription billed to the Client’s payment method on file. Unless an Order states otherwise, a standalone website hosting plan is month-to-month and may be cancelled at any time. Upon cancellation of a hosting plan, the Client is responsible for migrating its website to another host within forty-eight (48) hours of cancellation. The Agency is not responsible for site availability, data, or content after that window or after migration.

Website policies and accessibility waiver. The Client acknowledges that the Agency has informed it that applicable state, national, or international law may require the Client’s website to maintain a Privacy Policy, Cookie Policy, and/or accessibility statement with specific disclosures. The Agency is not a law firm, does not provide privacy policies or legal compliance as a service, and is not responsible for the Client’s compliance with any privacy, accessibility, or related laws. The Client is solely responsible for determining and meeting its own legal obligations.

Third-party compliance tools. The Agency has relationships with third-party compliance providers, including a privacy-policy and terms generator (Termageddon) and a website accessibility solution (AccessiBe), and can assist the Client in linking these to its website. The Client is under no obligation to use them. The Agency may receive a commission or resell licenses for these tools. If the Client chooses to use any such tool, the Client’s relationship is directly with that provider and is governed solely by that provider’s own terms and privacy policy; the Agency is not a party to and is not responsible for those services.

Website errors. Consistent with Section 19, the Agency does not guarantee error-free work and is not liable for damages arising from inadvertent errors, including site inaccessibility, broken links, lost profits, lost database content, or privacy-policy or accessibility legal claims that were not reasonably foreseeable when the relevant work was created.

12. Intellectual Property

Agency Property. The Agency retains all right, title, and interest in Agency Property. You receive a limited, non-exclusive, non-transferable license to use Agency Property solely for your internal business operations during the term. You may not reverse-engineer, copy, sublicense, resell, or redistribute Agency Property or disclose it to a competitor of the Agency.

Work Product. Upon full payment of all amounts due, ownership of the custom Work Product created specifically for you transfers to you, excluding any Agency Property embedded within it (which remains licensed as above). Until full payment, all Work Product remains the Agency’s property and any use by the Client is unlicensed.

Three-layer ownership model. For every deliverable the Agency produces — including websites, landing pages, funnels, quizzes, ebooks and lead magnets, branding, ad creative, written content, email and automation workflows, and design assets — ownership is allocated across three layers: (1) Custom work created specifically for you (the bespoke design, copy, content, and structure) is Work Product and becomes yours upon full payment. (2) Agency Property used to build it — the Agency’s reusable templates, frameworks, design systems, logic, code libraries, automations, and proprietary structures — does not transfer; you receive a perpetual, non-exclusive, non-transferable license to use it solely as incorporated in your deliverable for your own business operations. (3) Third-party components — platforms, software, CMS, themes, plugins, fonts, stock media, and hosting — remain the property of their licensors under their own terms; the Agency cannot transfer them, and you are responsible for maintaining any required third-party licenses or subscriptions. Until full payment, the deliverable remains the Agency’s property and any use is unlicensed. The deliverable-specific terms below apply this model to particular work types.

Websites and built deliverables. On full payment, the custom design, copy, page structure, and content built for you become yours. The Agency’s reusable templates, frameworks, design systems, and code remain Agency Property under the perpetual license above. Third-party components (CMS, themes, plugins, fonts, stock media, hosting) remain under their licensors’ terms, which you maintain after transfer. On full payment and request, the Agency will provide reasonable assistance to export or migrate your custom deliverable, consistent with the hosting and migration terms in Section 11.

Treatment planner quizzes and interactive tools. Quizzes, calculators, and similar interactive tools are built on third-party platforms (such as Zite or Fillout). On full payment, the custom quiz content created for you — your questions, copy, branding, and the specific configuration built for your practice — becomes yours. The Agency’s proprietary recommendation logic, scoring models, question-to-treatment mapping, and reusable quiz frameworks are Agency Property developed across engagements; they do not transfer, and you receive a perpetual, non-exclusive, non-transferable license to use them as built into your tool. The hosting and quiz engine are provided by the third-party platform under its own terms and require an active subscription; if that subscription lapses or the Client’s access ends, the tool may cease to function, and the Agency is not responsible for resulting loss of functionality. Lead submissions are transmitted from the tool to the Client’s CRM over a secure connection and are not retained on the quiz platform.

Branding and logos. On full payment, ownership of the final approved brand assets and logo files created for you transfers to you. The Agency retains its working files, drafts, source files, and unused or rejected concepts, which remain Agency Property. The Agency does not conduct trademark searches or clearance and does not warrant that any logo or brand element is free of conflict with existing trademarks or other rights; trademark searching, registration, and clearance are the Client’s responsibility, and the Client is responsible for ensuring its brand does not infringe third-party rights. Any third-party fonts, icons, or stock elements used in the branding remain under their licensors’ terms.

Ebooks, written content, and lead magnets. On full payment, the custom written and designed content created for you becomes yours. Any stock images, licensed fonts, illustrations, or third-party material incorporated into the deliverable remains under its licensors’ terms, and you are responsible for maintaining any licenses required for continued use. The Agency may show the deliverable as an example of its work under the reference rights below.

Ad creative and templates. On full payment, the custom ad creative and copy produced for your campaigns become yours, subject to the third-party media and stock licenses embedded in them. The Agency’s reusable ad templates, creative frameworks, and campaign structures remain Agency Property under license. Editable design templates (such as Canva templates) the Agency provides for your team to use are licensed for your internal use and editing; the Agency does not transfer ownership of its underlying template library or its design-tool accounts.

Agency reference rights. The Agency may use anonymized and aggregated Client data, results, and de-identified examples for case studies, benchmarking, and portfolio purposes, and may display non-confidential Work Product (logos, sites, creative) as examples of its work, unless the Order states otherwise in writing.

13. Client Property

You retain ownership of all Client Property. By giving the Agency access to and use of Client Property, you represent that you have the rights to do so, and you release the Agency, to the fullest extent permitted by law, from liability arising from the Agency’s authorized use of Client Property in performing the services. The Agency will return Client Property within 30 business days of a written request or termination. On advice of counsel, the Agency may retain copies as records of work, used only as internal reference and not in any way that compromises either party’s competitive position.

14. Confidentiality

Each party will protect the other’s confidential information — including proprietary information, trade secrets, customer and patient data, pricing, and business strategy — and will use it only for the engagement. These obligations survive for three (3) years after termination. Exceptions: information that is public through no fault of the receiving party, independently developed, or required to be disclosed by law (with notice where lawful). Breach may result in immediate termination and monetary damages.

15. Data Protection and Privacy

Both parties will comply with applicable privacy laws, including the CCPA and GDPR where applicable. The Agency will process Client data only for the agreed purposes and maintains reasonable administrative, technical, and physical safeguards, including encryption and access controls. A party discovering a data breach affecting the other will provide notice within 72 hours of discovery. After termination, the Agency will delete Client data on written request, subject to legal retention requirements and the records-of-work provision above.

HIPAA and access to Client Systems. The Client operates in a regulated healthcare-adjacent field and may maintain PHI within its CRM and other Client Systems. Where the services require the Agency to access a Client System that contains or may contain PHI, the Agency acts as a Business Associate of the Client under HIPAA. In that case:

The parties will execute a Business Associate Agreement (“BAA”) before the Agency is given access to any Client System containing PHI. The BAA governs the Agency’s creation, receipt, maintenance, transmission, use, and safeguarding of PHI, and the BAA controls over this Section to the extent of any conflict regarding PHI.
The Agency will limit its access to, and use of, PHI to the minimum necessary to perform the services, will maintain HIPAA-appropriate safeguards and workforce training, and will not use or disclose PHI except as permitted by the BAA and HIPAA.
The Client will not direct, request, or configure the services in a way that requires the Agency to handle PHI beyond what is necessary for the agreed services, and the Client remains responsible for HIPAA compliance within its own practice, systems, patient communications, consent collection, and use of before-and-after photography and testimonials.
Marketing deliverables (ads, content, SEO, design, reporting) are not intended to contain PHI. The Client will not place PHI into materials provided to the Agency outside of the access governed by the BAA.

For clarity, the Agency’s role as a Business Associate is limited to its access to Client Systems in support of the services; it does not make the Agency responsible for the Client’s own HIPAA obligations as a covered entity.

Agency Privacy Policy. The Agency’s collection and handling of personal information from visitors to the Agency’s own website and from individuals who contact the Agency is described in the Agency’s Privacy Policy at https://plastixmarketing.com/privacy-policy/ and Cookie Policy at https://plastixmarketing.com/cookie-policy/, each as updated from time to time. Those policies govern website-visitor and prospect data; these Terms and any executed BAA govern the handling of Client data within the engagement. Where the documents overlap with respect to Client data, these Terms and the BAA control.

Client’s own privacy and cookie policies. The Client is solely responsible for maintaining its own Privacy Policy, Cookie Policy, and any other legally required disclosures on the websites, landing pages, funnels, and forms that the Agency builds, hosts, or manages for the Client, in compliance with applicable laws (including CCPA, GDPR where applicable, and other state privacy laws). The Agency does not provide legal privacy compliance as a service and is not responsible for the adequacy or maintenance of the Client’s policies. As described in Section 11, the Agency can assist in linking third-party compliance tools (such as Termageddon for privacy and cookie policies) at the Client’s option, in which case the Client’s relationship is directly with that provider under its own terms.

16. SMS / Text Messaging and TCPA Compliance

SMS and text campaigns are subject to the Telephone Consumer Protection Act (“TCPA”) and related regulations. The Client represents and warrants that it has obtained proper, documented written consent (including date, time, and method) from every recipient before any number is added to a campaign; that its consent practices meet TCPA’s clear-and-conspicuous standards; that it honors opt-outs immediately; and that all recipient lists provided to the Agency were lawfully obtained.

The Agency’s role is limited to technical implementation using Client-provided lists and content. The Client assumes full responsibility and liability for consent, list accuracy, frequency and timing rules, and all fines, penalties, fees, and damages arising from TCPA violations. The Client agrees to indemnify and hold the Agency harmless from any TCPA-related claim, suit, fine, or penalty arising from the Client’s campaigns or lists.

17. Compliance and Regulatory

The Client warrants that all content, contact lists, claims, and materials it provides comply with applicable law, including FTC guidelines, the CAN-SPAM Act, TCPA, advertising-platform policies, and industry-specific regulations (including HIPAA and any medical-advertising rules). The Client is responsible for medical claims, pricing claims, and the accuracy of any clinical or before-and-after content. The Agency will follow platform policies but the Client remains liable for policy violations in Client-provided content. The Client must approve compliance-sensitive content before publication.

18. Non-Solicitation of Personnel

During the term and for twelve (12) months afterward, the Client will not directly or indirectly solicit for employment or engagement any Agency employee or contractor who worked on the Client’s account, without the Agency’s written consent. If the Client hires such a person in violation of this section, the Client agrees to pay a placement fee equal to fifty percent (50%) of that person’s first-year compensation as liquidated damages. This does not restrict general public job postings not targeted at Agency personnel.

19. Warranties Disclaimer

Except as expressly stated in an Order, services and deliverables are provided “as is” and “as available.” The Agency disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, and makes no warranty as to accuracy, availability, timeliness, functionality, or performance. The Agency cannot guarantee error-free work and is not liable for inadvertent errors, including site inaccessibility, broken links, lost profits, lost data, or accessibility or privacy-policy claims, that were not reasonably foreseeable at the time the relevant work was created.

20. Limitation of Liability

To the fullest extent permitted by law, the Agency will not be liable for any incidental, consequential, special, punitive, or exemplary damages, even if advised of the possibility. The Agency’s total aggregate liability under an engagement will not exceed the fees actually paid to the Agency in the six (6) months preceding the event giving rise to the claim. Media Spend is excluded from fees for this calculation. This section survives termination.

21. Indemnification

Each party will indemnify, defend, and hold harmless the other and its affiliates, members, officers, employees, agents, and successors from claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) the indemnifying party’s breach of confidentiality; (ii) its gross negligence, recklessness, or intentional misconduct; or (iii) its violation of TCPA, CAN-SPAM, or other communications regulations. The Client will additionally indemnify the Agency for claims arising from Client Property, Client-provided content and lists, the Client’s medical or advertising claims, and the Client’s regulatory non-compliance.

The party seeking indemnification must give prompt written notice. The indemnifying party controls the defense and settlement, provided no settlement admits the indemnified party’s wrongdoing or imposes non-monetary relief on it without that party’s written consent, not to be unreasonably withheld.

22. Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, government actions, cyberattacks, and platform outages. The affected party will give prompt notice and use reasonable efforts to mitigate. Performance may be suspended during the event without penalty. This does not excuse payment obligations for services already rendered.

23. Assignment

Neither party may assign these Terms or an Order without the other’s written consent, except that the Agency may use subcontractors bound by equivalent confidentiality obligations, and either party may assign to a successor in a merger or sale of substantially all assets with notice. The Client remains primarily liable regardless of internal reorganization.

24. Governing Law and Dispute Resolution

These Terms and each Order are governed by the laws of the State of South Carolina, without regard to conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties agree that, for venue purposes, the engagement was entered into in South Carolina. The parties will first attempt to resolve any dispute through good-faith negotiation, then through mediation in South Carolina before pursuing litigation. Any controversy or claim that proceeds to litigation shall be brought exclusively in a court of competent jurisdiction in Greenville County, South Carolina. Each party bears its own costs of mediation. The prevailing party in any action to enforce these Terms is entitled to recover reasonable attorneys’ fees and costs.

Class action waiver. To the fullest extent permitted by law, the Client and the Agency each agree that claims against the other may be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action.

25. Non-Disparagement and Reviews

Each party agrees not to make false or misleading public statements that disparage the other party or its services, during the term and after termination. If the Client has a concern about the services, the Client agrees to raise it with the Agency first and allow a reasonable opportunity to address it before posting a public review or statement. This Section does not restrict truthful statements required by law, good-faith reviews made after the Agency has had an opportunity to respond, or either party’s enforcement of its rights. Nothing here prevents either party from reporting conduct to a regulator or responding accurately to a legal inquiry.

26. Insurance

The Agency maintains, at its own expense, commercially reasonable insurance coverage for a business of its size and type, which may include professional liability (errors and omissions), general liability, and cyber liability coverage. Upon written request, the Agency will confirm that such coverage is in force. Each party is responsible for maintaining its own insurance appropriate to its business and obligations, and nothing in this Section makes either party’s insurer liable beyond the terms of its policies.

27. Website Use

This Section governs use of the Agency’s website at plastixmarketing.com (the “Website”) by any visitor, whether or not a signed Client. By accessing or using the Website, you agree to these Terms; if you disagree, you do not have permission to use the Website.

Acceptable use. You agree to use the Website in accordance with all applicable laws and these Terms. You agree not to: impersonate the Agency or misrepresent your affiliation with any person or entity; send spam or unsolicited promotional material through the Website; interfere with or disrupt the Website or the servers or networks connected to it; introduce viruses, malware, or other harmful code; attempt to gain unauthorized access to the Website or any connected system; use any robot, spider, scraper, or automated means to access, monitor, or copy Website content without authorization; or use the Website in any way that could damage, disable, overburden, or impair it or that violates any applicable law.

Website provided “as is.” The Website and its content are provided on an “as is” and “as available” basis without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. The Agency assumes no liability for the availability, errors, or inaccuracies of information on the Website, may experience delays in updating it, and reserves the right to correct any pricing or content errors. Inclusion of a product or service on the Website is not an endorsement.

Third-party links. The Website may link to sites operated by third parties. The Agency does not control and is not responsible for the content, security, or practices of those sites, and provides the links for reference only. It is your responsibility to take precautions against harmful code when following links or downloading files.

Online purchases and subscriptions. Where products or subscriptions are purchased directly through the Website (rather than under a signed Order), payment is processed by third-party payment processors (such as Stripe and Paya), and the Agency is not responsible for those processors’ handling of billing information. Such direct online purchases are governed by the checkout terms presented at the time of purchase. Where a conflict exists between such checkout terms and a signed Order or these Terms, the signed Order and these Terms control for the engagement, as provided in Section 29.

28. Intellectual Property Infringement (DMCA)

All content on the Website — including logos, designs, text, graphics, images, data, and software, and the arrangement thereof — is the proprietary property of the Agency or its licensors and is protected by intellectual property laws. The Agency respects the intellectual property rights of others and responds to claims that content infringes a third party’s rights.

If you believe in good faith that content infringes your intellectual property rights, you or your agent may send a written notice titled “Infringement of Intellectual Property Rights — DMCA” to the Agency at the contact address below, including: (i) an electronic or physical signature of the person authorized to act for the rights owner; (ii) a description of the work claimed to be infringed, including the URL or a copy of the work; (iii) your name, email, address, and telephone number; and (iv) a statement that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law. Incomplete notices will not be processed, and you may be held accountable for damages, including costs and attorneys’ fees, for misrepresentations or bad-faith claims.

Notices may be submitted to: Plastix Marketing LLC, Attn: Eric Dunn, legal@plastixmarketing.com, 2541 N Pleasantburg Dr, Ste 338, Greenville, SC 29609.

29. General

Survival. Sections governing paid advertising (as to approved advertising), the use of AI (as to approved output), intellectual property, Client Property, data protection and HIPAA, confidentiality, TCPA responsibilities, non-solicitation, non-disparagement, warranties disclaimer, limitation of liability, indemnification, payment obligations (including the personal guarantee, chargeback, and acceleration provisions), and dispute resolution survive termination.

Order of precedence. For any signed engagement, the following order controls in the event of conflict: (1) the signed Order and its appendices; (2) any executed Business Associate Agreement, as to PHI; (3) these Terms; and (4) any general checkout, fulfillment, or website-purchase terms published on the Website. Consumer-facing checkout, refund, subscription, and fulfillment terms published on the Website apply to direct online purchases not made under a signed Order, and do not override the refund, cancellation, term, or liability provisions of a signed Order or these Terms.

Severability. If any provision is unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

Entire agreement. These Terms, together with the applicable Order and its appendices, are the entire agreement between the parties on their subject matter and supersede prior discussions.

Amendments. Amendments to an Order must be in writing and signed by authorized representatives. Electronic signatures and records are valid and binding.

Notices. Notices must be in writing and sent to the contact addresses in the Order or to Plastix Marketing LLC, 2541 N Pleasantburg Dr, Ste 338, Greenville, SC 29609, Attn: Legal, legal@plastixmarketing.com.

Plastix Marketing LLC 2541 N Pleasantburg Dr, Ste 338, Greenville, SC 29609 · legal@plastixmarketing.com · https://plastixmarketing.com