Terms & Conditions

Welcome to Marketing Included, a service provided by Metrix Marketing (“Marketing Included,” “we,” “our,” or “us”). These Terms and Conditions (“Agreement”) govern your use of our online and mobile services, software, and any related content or tools (collectively referred to as “Services”). By accessing or using our Services, or by clicking “I Agree” (or a similar acknowledgment), you confirm that you have read, understood, and agree to be bound by this Agreement, including our Privacy Policy, whether or not you have registered for an account.

Marketing Included reserves the right to update or modify these terms at any time. Changes will be communicated as outlined below. This Agreement applies to all visitors, registered users, and others who access or use the Services (“Users”, “Clients”, “you”).

Please review this Agreement carefully. It includes a mandatory arbitration clause and waiver of class action and jury trial rights, which require individual arbitration for dispute resolution instead of traditional legal proceedings.

1. Marketing Included Service

1.1 Eligibility

This Agreement constitutes a legally binding contract between you and Marketing Included, a service provided by Metrix Marketing. By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these terms; if you do not agree to any portion of this Agreement, you are not authorized to use Marketing Included. Use of the Services is strictly conditioned upon your ability to form a binding contract with Marketing Included in full compliance with all applicable local, state, provincial, national, and international laws and regulations. Please note that Marketing Included is intended solely for adult use; access by individuals under the age of 18 is strictly prohibited. Furthermore, we reserve the right to deny access to any User who has been previously removed or suspended from the platform.

1.2 Limited License

Marketing Included hereby grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services, strictly as permitted by the features and functionality of the platform and subject to the terms of this Agreement. Please be advised that Marketing Included retains all rights, titles, and interests not explicitly granted herein. We maintain the right to terminate this license at our sole discretion at any time, with or without cause, and without prior notice.

1.3 Marketing Included Accounts

Your Marketing Included account provides access to our suite of services, the specific features of which may vary or be customized based on your selected account type. We reserve the right to offer and maintain different account structures at our sole discretion. In the event that you establish an account on behalf of a company, organization, or other legal entity, you represent and warrant that you possess the necessary legal authority to bind that entity to the terms of this Agreement.

Furthermore, by opting to connect your Marketing Included account with any third-party services or data platforms, you provide us with the explicit authorization to access, utilize, and store information from those services as permitted by their respective configurations. This authorization includes the secure storage of any login credentials required to maintain these integrations and provide the associated marketing insights.

Your Marketing Included Account provides access to our various services, the specific features of which may vary based on your selected account type or at our sole discretion. In the event that you establish an account on behalf of a company, organization, or other legal entity, you represent and warrant that you possess the necessary authority to bind that entity to the terms of this Agreement. Furthermore, by connecting your account to any third-party service, you explicitly authorize Marketing Included to access, utilize, and store information from that service as permitted, which may include the retention of your login credentials to maintain these integrations.

Account Security

You maintain sole responsibility for all activity occurring under your Marketing Included Account. It is your obligation to maintain a secure password and to notify us immediately of any suspected security breach or unauthorized access. Please be advised that Marketing Included is not liable for any losses or damages resulting from the unauthorized use of your account.

Profile & Communication Preferences

You remain in control of your profile settings and the manner in which you interact with our Services. By providing your email address, you consent to our use of that address to send service-related communications, including any notices required by law. Additionally, you may receive electronic communications regarding platform updates, new features, and special offers; you may opt out of these supplemental marketing messages at any time by utilizing the unsubscribe link provided within the email.

1.4 Administrator Accounts

Upon the initial registration of an account for a company, entity, or organization (each a “Subscribing Organization”), the individual performing the registration will be designated as the initial “Administrator.” In this capacity, the Administrator is granted full authority and control over the Subscribing Organization’s use of Marketing Included, including the management of access rights, privacy configurations, and internal security settings.

1.5 Prohibited Activities and Usage Restrictions

By utilizing Marketing Included, you agree to adhere to these standards of conduct; any engagement in prohibited activities may result in the immediate suspension or termination of your account, as well as potential legal action.

Prohibited Activities

You agree not to:

Upload, transmit, or share content that is pornographic, threatening, abusive, racist, ethnically offensive, libelous, or otherwise inappropriate.
Use Marketing Included for spamming, chain letters, pyramid schemes, advertising illegal or controlled products/services, or any marketing activities that violate this Agreement, the Privacy Policy, or applicable laws.
Violate or infringe upon third-party intellectual property rights.
Engage in deceptive, misleading, fraudulent, or illegal activities, including phishing or impersonating others.
Use Marketing Included to harass, defame, abuse, or harm individuals or entities, or invade someone’s privacy.
Facilitate harmful activities targeting minors or harm minors in any way.
Promote hate or discrimination based on race, color, gender, gender identity, religion, nationality, disability, sexual orientation, age, or other objectionable grounds.
Interfere with or disrupt the operation of Marketing Included, such as by overloading servers or bypassing security features.
Attempt unauthorized access to Marketing Included, its systems, or other Users’ accounts via hacking, password mining, or any other means.
Use bots, scrapers, or other automated tools to access Marketing Included without prior written consent.
Share passwords, impersonate others, or access another User’s account without permission.
Modify, adapt, translate, reverse engineer, decompile, or disassemble Marketing Included unless explicitly allowed by law.
Rent, lease, sublicense, or resell Marketing Included’ services or platform to third parties.
Collect personally identifiable information from Users without consent or outside the platform’s intended features.

Additional Restrictions

Please be advised that Marketing Included does not provide services to businesses involved in adult content, illegal drugs, or other industries deemed inappropriate at our sole discretion. Furthermore, competitors are strictly prohibited from accessing the platform unless explicitly authorized in writing. We reserve the right to monitor usage to ensure compliance with these rules and may take enforcement action, including service termination, for any violations.

1.6 Use of the Marketing Portal

As a core component of your Marketing Included subscription, you will be granted access to a personalized marketing portal, referred to herein as ”The Portal.” By accessing or utilizing this portal, you represent and warrant that your use is strictly for internal business purposes and that you will not share access with unauthorized third parties. You are responsible for maintaining the security and confidentiality of all access credentials, including usernames and passwords. Your use of the portal, along with any connected analytics, tracking, or user data, must remain in full compliance with all applicable local, state, provincial, and federal laws and regulations, including specific data protection standards such as the GDPR or CCPA where applicable.

Privacy and Analytics Integration

The portal is designed to integrate with your existing analytics tools and data platforms to provide actionable marketing insights. By utilizing these integrations, you agree to ensure your own business remains compliant with privacy laws by clearly disclosing to your customers how their data is collected, used, and shared. This includes maintaining and updating a privacy policy that accurately reflects these practices and securing all necessary consents from website visitors—specifically regarding the use of cookies, tracking pixels, or similar technologies managed through the portal. You are solely responsible for ensuring that all tracking technologies connected through the portal are implemented in a legally compliant manner. Furthermore, you agree to use the portal exclusively to store or manage marketing data relevant to your business and will refrain from uploading or processing any data that violates intellectual property laws, breaches privacy rights, or harms third parties.

Roles and Responsibilities

While Marketing Included facilitates the setup and operation of the portal, you acknowledge that you are ultimately responsible for ensuring compliance with all laws and regulations concerning data collection and privacy practices. Marketing Included is not liable for any misuse of the portal or legal obligations arising from your end-user data management.

On our part, Marketing Included is responsible for the overall functionality, security, and maintenance of the platform. We strive to maintain 24/7 availability, excluding periods of scheduled maintenance or unforeseen force majeure events. We will make reasonable efforts to communicate planned downtime in advance and restore access promptly following any unexpected technical issues. To protect your data, we implement industry-standard technical and organizational security measures, such as encryption, firewalls, and access controls, and will regularly update the system to address vulnerabilities.

Support, Updates, and Service Levels

Marketing Included provides technical support to troubleshoot issues directly related to the portal’s performance or access; however, this support does not extend to third-party tools integrated by the client. We may periodically update the platform to introduce new features or improve performance, and while we strive for high levels of uptime, we cannot guarantee 100% availability. In the event that downtime exceeds established thresholds, service credits may be issued at our discretion. Finally, while we take extensive precautions to ensure system reliability, Marketing Included shall not be held liable for any loss or damage resulting from system downtimes, data breaches, or other technical failures beyond our reasonable control.

1.7 Changes to Marketing Included

Marketing Included reserves the right to modify, suspend, or discontinue the Services, or any specific features therein, at any time and without prior notice. In our sole discretion, we may also impose usage limits on the platform as needed. Furthermore, we may suspend or terminate your access to Marketing Included—either temporarily or permanently—without notice and without liability, for any reason. This includes, but is not limited to, instances where we determine that you have violated any provision of this Agreement. Please be advised that the termination of your access does not release you from your obligations, and you remain bound by the terms of this Agreement even after your account is closed.

2. User Content

Certain areas of Marketing Included permit users to submit or provide materials including, but not limited to, videos, images, music, text, comments, and questions (collectively, “User Content”). While we do not claim ownership over the User Content you create and the rights to such content remain yours, by making it available through our platform, you grant Marketing Included a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, and worldwide license to use, reproduce, modify, publish, edit, translate, distribute, and publicly display such content. This license includes the right to use your name, voice, and likeness as contained within the content across any media or technology currently known or developed in the future, specifically for the purpose of providing and promoting Marketing Included’s services, such as showcasing examples of past work.

For the purposes of this Agreement, “Intellectual Property Rights” refers to all legal protections related to patents, copyrights, trademarks, and trade secrets, including all associated registrations and renewals. In connection with your User Content, you affirm and warrant that you have obtained written consent from every identifiable person within the content to use their name or likeness as permitted herein, and that you have secured all necessary third-party consents. You further represent that your User Content, and our use of it as outlined in this Agreement, does not violate any laws or infringe upon the intellectual property or privacy rights of any third party.

You acknowledge that you are not entitled to any payment, royalties, or residuals for Marketing Included’s use of your User Content and that, to the best of your knowledge, all submitted content is truthful and accurate. Marketing Included assumes no responsibility or liability for any User Content submitted by you or any other user; we act solely as a passive platform for its distribution and publication. Consequently, you remain uniquely and solely responsible for your User Content and the consequences of its distribution.

3. Customer Data

3.1 Use of Customer Data

Certain features of Marketing Included allow for the collection of information from your current or potential customers, website visitors, or end-users (collectively, “Customer Data”). While you retain full ownership and all associated intellectual property rights in and to your Customer Data, by submitting or enabling its transmission to the platform, you grant Marketing Included all necessary rights to utilize this data to provide our Services. You confirm that you possess the legal authority to grant these permissions. Although Marketing Included will not sublicense or resell Customer Data to third parties, we reserve the right to collect, analyze, and use data derived from Customer Data—including personally identifiable information—for the purposes of operating, improving, or marketing our platform and related services. Any such data that is shared or publicly disclosed by Marketing Included will be strictly anonymized or aggregated to prevent the identification of any specific individual. We maintain the right to use, store, transmit, distribute, modify, and create derivative works of this anonymized, aggregated data both during and after the term of this Agreement.

3.2 Your Responsibilities for Customer Data

You represent, warrant, and agree that all Customer Data has been or will be obtained lawfully, without the use of fraudulent or improper means, and that the data does not violate any laws or third-party intellectual property rights. You are responsible for ensuring that Customer Data is collected in accordance with a privacy policy that explicitly permits Marketing Included to share, collect, use, and disclose it as specified in these terms, and that all required consents have been obtained in compliance with applicable privacy laws. Marketing Included assumes no responsibility for Customer Data; you are solely responsible for its collection, sharing, and any consequences arising from its use. Furthermore, you are strictly prohibited from submitting or enabling the submission of sensitive information—such as social security numbers, credit card details, or protected health information—without the prior written approval of Marketing Included.

3.3 Security, Backups, and Incidents

In the event of a security breach or if we reasonably believe unauthorized access to Customer Data has occurred, Marketing Included will promptly notify you and cooperate reasonably with your investigation. However, you are solely responsible for managing any third-party notices required by law, including the content, timing, and associated costs of such disclosures. You are also responsible for securing Customer Data whenever it is within your or your representatives’ control, and Marketing Included shall not be held liable for how your authorized users handle such data. Please be advised that Marketing Included is not responsible for backing up or recovering Customer Data. It is your sole responsibility to perform regular backups and take necessary steps to ensure the integrity and recoverability of your data in the event of loss.

4. Intellectual Property and Ownership

Unless otherwise indicated, the Website and all associated elements are the exclusive property of Marketing Included. This encompasses all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights (collectively, the “Content”). All trademarks, service marks, and logos contained within the platform (the “Marks”) are owned and controlled by Marketing Included and are protected by the intellectual property laws of Canada, foreign jurisdictions, and international conventions. The Content and Marks are provided on an “As-Is” basis for your informational and personal use only. Except as expressly permitted within this Agreement, no part of the Website, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent. Both parties reserve all rights not explicitly granted herein to their respective Content and Marks.

4.1 Client Projects and Ownership

Notwithstanding Marketing Included’s ownership of certain materials as outlined in the “Client Feedback” section, all design and original source files created specifically on a Client’s behalf (“Projects”) are the sole property of the Client, provided that the Client maintains a valid and active subscription. In the event that a Client’s subscription is terminated, Marketing Included retains the right to revoke or withhold access to these Projects or associated files until the subscription is reinstated or alternative terms are agreed upon in writing. As a Client, you warrant that any materials you provide for incorporation into Projects are owned by you and do not infringe upon any third-party rights, including intellectual property or publicity rights. Furthermore, Marketing Included reserves the right to showcase Client design work publicly as part of our portfolio unless otherwise agreed upon in writing.

4.2 Ideas and Submissions

If you choose to submit comments, suggestions, or ideas regarding the Services (“Ideas”), you acknowledge that such submissions are entirely voluntary, unsolicited, and unrestricted. Marketing Included is under no obligation to treat these Ideas as confidential and may use, disclose, or develop them without providing compensation to you. We also reserve the right to use similar ideas that were independently developed by our team or received from other sources. Please be advised that any unauthorized use of the Content, Marks, or Projects—including but not limited to unauthorized reproduction, modification, or distribution—is strictly prohibited and may result in legal action.

5. Subscriptions, Fees, and Payment

5.1 Fees and Pricing Structure

By utilizing Marketing Included, you agree to pay all applicable Fees as specified in your Ordering Document or online purchase summary. Our current pricing and payment details, which are incorporated into this Agreement by reference, are maintained within our Pricing and Payment Terms. Marketing Included reserves the right to introduce new services, amend existing fees, or modify the current fee structure at any time. Any such adjustments to Fees will take effect at the commencement of the next billing cycle following notice to you, unless a specific duration and Fee structure were previously locked in by written agreement, in which case the Fees will remain unchanged for the duration of that specific term.

5.2 Special and Trial Offers

Trial Offers, such as our “14-Day Free Trial” promotion, are provided exclusively to allow new clients to familiarize themselves with our Services and may only be utilized once per client. Upon the conclusion of a trial period, you will be billed automatically for a full subscription unless cancellation is initiated prior to the trial’s expiration. These offers are not intended for “free work” or deeply discounted one-off projects; if Marketing Included determines, in its sole discretion, that a trial is being misused—including instances of repeated complaints coupled with high output requests followed by cancellation—we reserve the right to terminate the account and retain all ownership rights to any work produced. For Free Trials, eligibility extends to 14 days or the completion of three projects, whichever occurs first. Ownership of any work delivered during a free trial is strictly contingent upon the successful payment of the subsequent subscription period.

5.3 Continuous Subscription and Automatic Billing

Unless otherwise stipulated in an Ordering Document, your access to Marketing Included is provided on an automatically renewing basis. Your subscription will renew at the end of each term for a subsequent period of equal length unless canceled in accordance with the procedures outlined in Section 5.4. By maintaining an active account, you authorize Marketing Included to charge your provided payment method at the start of each Subscription Term for all applicable Fees, taxes, and incidental charges. We do not accept partial payments for monthly subscriptions. If a payment attempt fails three (3) consecutive times, your account will be immediately paused and access restricted. Should payment details remain uncorrected following these failures, Marketing Included may, at its discretion, terminate the account and permanently delete all associated users, projects, data, and hosted content.

5.4 Cancellations and Refunds

You may cancel your subscription at any time by providing notice at least one (1) business day prior to the start of your next Subscription Term. Notice must be submitted via the platform’s designated functionalities, such as live chat or in-app settings, or by emailing support@marketingincluded.com. Finalization of a cancellation may require the completion of a formal cancellation form.

Refund Policy and Guarantee Periods: No refunds or credits are issued for partial months of service or unused subscription periods. Quarterly and Annual subscriptions represent contractual commitments in exchange for discounted rates and are only refundable within the 14-day satisfaction guarantee period.
14-Day Satisfaction Guarantee: This guarantee applies solely to first-time clients and begins on the initial date of sign-up (including trial periods). Returning clients are ineligible. If a refund is granted under this guarantee, all intellectual property rights to any work produced revert exclusively to Marketing Included. Please note that all refunds are subject to the deduction of a 3–4% credit card processing fee, as these costs are retained by the processor and are non-refundable.

5.5 Chargebacks, Fraud, and Abuse

Prior to initiating a chargeback, clients are encouraged to contact Marketing Included directly to resolve disputes. Unjustified chargebacks are considered a material breach of this Agreement and may result in account termination and legal action to recover associated costs. We reserve the right to dispute any invalid chargeback by submitting account activity and usage logs as evidence. Furthermore, refund requests may be denied if we detect evidence of fraud or manipulative behavior, such as creating multiple accounts to exploit promotions. Upon cancellation or termination, Marketing Included may immediately or eventually delete all related data and hosted pages; it is your sole responsibility to retain copies of your materials prior to the end of your service.

5.6 Payment Information and Taxes

You are required to maintain a valid and accurate payment method on file at all times. All information provided in connection with a monetary transaction must be complete and current. You agree to pay all charges incurred at the prices in effect when such charges are processed, including all applicable taxes. If we are unable to process payment and do not receive funds within two (2) business days of informing you, we may suspend or disable your access to the Services. Marketing Included is under no obligation to provide Services while Fees remain outstanding.

6. Scope of Services and Turnaround Times

6.1 Definition of Projects and Deliverables

For the purposes of this Agreement, a “Project” is defined as a specific set of tasks or procedural steps required to fulfill a requested outcome, while a “Deliverable” refers to the resulting tangible or intangible product or service provided to the Client. To ensure clarity and project velocity, it is recommended that each individual Project corresponds to a single Deliverable. Such Deliverables may encompass, but are not limited to, the drafting of written copy (e.g., blog posts, ad copy, and email campaigns), the development of design concepts (e.g., logos, social media assets, and presentation materials), and the configuration of automation setups (e.g., CRM workflows and email marketing integrations).

6.2 Turnaround Times and Project Complexity

“Turnaround Time” constitutes the period during which a Deliverable is expected to be completed, commencing only upon the Company’s receipt of all necessary project details, brand materials, and specific Client approvals. While the standard estimated Turnaround Time for a Deliverable is typically 48 hours, this window is subject to the inherent complexity of the Project and the availability of required resources. Straightforward Projects generally adhere to this 48-hour estimate; however, Projects requiring substantial research, information gathering, or intensive production—such as motion graphics, strategic planning, or extensive design suites—may necessitate longer timelines exceeding the 48-hour period. In such instances, the Client will be notified of the revised delivery schedule.

6.3 Large or Multifaceted Projects

In the case of large or highly complex assignments, the Company may, at its discretion, divide the work into multiple distinct Projects, each possessing its own specific Deliverable and Turnaround Time. This phased approach applies to comprehensive campaigns or technical productions where stages must be completed sequentially. For example:

Video Production: A request may be separated into distinct Projects for scriptwriting, followed by a separate Project for filming, editing, and final production.
Comprehensive Campaigns: Larger marketing initiatives may be broken down into individual Projects for each component, such as separate tasks for blog content, social media graphics, and email sequences.

6.4 Client Responsibilities and Flexibility

The timely completion of all Deliverables is strictly contingent upon the Client’s prompt provision of all materials and approvals required for the Project. Any delay in the submission of these items may result in a corresponding extension of the Turnaround Time. While the Company employs commercially reasonable efforts to meet all estimated timelines, the Client acknowledges that unforeseen circumstances—including increased project complexity, additional revision requests, or periods of high demand—may result in delays. The Client agrees that the Company shall not be held liable for such delays, provided that the Company notifies the Client and provides a reasonable revised schedule for completion.

7. Marketing and Promotional Use of Client Work

7.1 Showcasing of Work and Grant of License

From time to time, the Company may showcase the creative deliverables produced for the Client—including but not limited to copy, design assets, video, and marketing materials—as part of its professional portfolio or for other promotional purposes. By engaging the Company’s services, the Client hereby grants the Company a perpetual, worldwide, royalty-free, and non-exclusive license to use, reproduce, display, and distribute the Deliverables, along with the Client’s name, trademarks, and logos, in any medium or technology now known or hereafter developed. This license is granted solely for the purpose of marketing the Company’s services and may include, without limitation, featuring such work on the Company’s website, social media profiles, and promotional webinars.

7.2 Waiver of Moral Rights and Opt-Out Provisions

In connection with the promotional use of Deliverables, the Client acknowledges and agrees to waive any and all claims to moral rights or similar legal protections, including the right to inspect, approve, or object to the specific use of the Deliverables or any derivative works created therefrom. However, the Client maintains the right to restrict such usage; if the Client does not wish for their work to be showcased, they may opt out at any time by providing written notice to support@marketingincluded.com. Upon receipt of such notice, the Company will cease the use of the Client’s work for future marketing purposes, except as otherwise required by law. Nothing within this section shall be construed to limit the Client’s existing rights under applicable data protection or privacy laws.

8. Reviews, Testimonials, and User-Generated Content

8.1 Submission and Ownership of Feedback

By submitting a testimonial, review, or any other user-generated content—whether via email, chat, or third-party platforms—the Client acknowledges that such content is non-confidential and may be utilized by the Company for promotional or business purposes at its sole discretion. By submitting such feedback, the Client represents and warrants that the content is their original work, that they possess the full authority to grant the rights herein, and that no third party holds conflicting intellectual property or ownership rights to the submission.

8.2 Licensing of Testimonials

The Client hereby grants the Company an unrestricted, worldwide, perpetual, irrevocable, and fully transferable license to use, reproduce, publish, modify, and incorporate the testimonial or review (in whole or in part) into other works. This license applies to any form or medium and includes the right to utilize the testimonial with or without the Client’s name or identifying information. The Company is under no obligation to use, publish, or reproduce any testimonial submitted and reserves the right to determine, at its sole discretion, which content is incorporated into its marketing materials.

9. Privacy and Data Collection

9.1 Consent to Data Collection and Use

By utilizing the services of Marketing Included, you acknowledge and consent to the collection, use, and disclosure of your personally identifiable information (“Personal Information”) and aggregate or anonymized data as detailed in the Company’s Privacy Policy. The Company is committed to the safeguarding of your privacy, and your continued use of Marketing Included signifies your full understanding and acceptance of the data practices described within said Policy.

9.2 International Data Transfer and Processing

You further acknowledge and agree that your Personal Information may be collected, transferred, stored, and processed in jurisdictions outside of your country of residence—including but not limited to Canada—where it may be subject to local laws and regulations governing data protection. By accessing the Services, you provide your explicit consent to such international transfers and processing in accordance with applicable legal frameworks.

9.3 Third-Party Disclosure and Policy Alignment

In the event that you, as a User, maintain or implement your own privacy policy in connection with your use of Marketing Included, you agree to include a clear and conspicuous disclosure regarding the collection and use of your customers’ Personal Information by Marketing Included. This disclosure must remain consistent with the terms and practices outlined in the Marketing Included Privacy Policy, particularly concerning the potential disclosure of information to third-party partners or service providers. You are responsible for ensuring that your customers are adequately informed of these practices in a manner that remains fully compliant with all applicable data protection laws and regulations.

10. Security

10.1 Data Security Measures and Safeguards

Marketing Included employs commercially reasonable physical, managerial, and technical safeguards designed to preserve the integrity and security of your Personal Information and privacy settings. These protocols are implemented to provide a layer of protection against unauthorized access, disclosure, alteration, or destruction of your data. We take the protection of your information seriously and continuously work to maintain these defensive measures in alignment with industry standards.

10.2 Acknowledgement of Inherent Risks

While Marketing Included strives to implement robust security protocols, you acknowledge and agree that no security system is entirely impenetrable. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or utilize your Personal Information for improper purposes. Consequently, you acknowledge that the submission of Personal Information to Marketing Included is conducted at your own risk.

10.3 Limitation of Security Liability

By utilizing the Services, you accept the inherent risks associated with transmitting data over the internet and acknowledge that Marketing Included cannot offer an absolute guarantee of security. The Company shall not be held liable for any unauthorized access, data breaches, or misuse of information that may occur despite our commercially reasonable efforts to safeguard your data.

11. Digital Millennium Copyright Act (DMCA) Policy

11.1 Respect for Intellectual Property

Marketing Included maintains a strict policy of respecting the intellectual property rights of artists, content creators, and all owners of copyrighted works. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we have established procedures to respond to claims of alleged copyright infringement occurring on our platform. If you have a good faith belief that your copyrighted work has been reproduced or distributed in a manner that constitutes infringement, please submit a formal notification to our designated copyright agent as detailed below.

11.2 DMCA Notice Requirements

To ensure your complaint is valid under the DMCA, your written notice must include the following specific elements:

An electronic or physical signature of the individual authorized to act on behalf of the copyright owner;
Clear identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing, including the specific location or URL on the Marketing Included platform;
Your comprehensive contact information, including your physical address, telephone number, and email address;
A statement affirming your good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or are legally authorized to act on the owner’s behalf.

11.3 Submission and Designated Agent

DMCA notices should be directed to the Marketing Included designated copyright agent at the following address:

Attn: Marketing Included DMCA Notice Marketing Included

c/o Metrix Marketing

#25-6950 120 St., Surrey, BC V3W 3M7 Canada

Email: legal@marketingincluded.com

Please be advised that the misrepresentation of material as infringing may result in significant legal consequences, including civil penalties, financial damages, and potential criminal prosecution. This procedure is intended solely for compliance with the DMCA and does not constitute legal advice; we recommend consulting with an attorney if you require legal guidance regarding your rights.

11.4 Repeat Infringer Policy

In accordance with applicable laws, Marketing Included reserves the right, in its sole discretion, to suspend or permanently terminate the accounts of Users who are deemed to be repeat infringers or who repeatedly violate the intellectual property rights of others.

12. Third-Party Links and Information

12.1 Third-Party Services and Integrations

Marketing Included may provide links to, or facilitate integrations with, various third-party services, products, applications, and platforms (collectively, “Third-Party Services”). These may include, without limitation, domain registrars, email service providers, licensed content repositories, and eCommerce platforms. You acknowledge that these Third-Party Services are neither owned nor operated by Marketing Included; consequently, we do not endorse, control, or assume any legal responsibility for their content, privacy practices, or overall functionality.

12.2 Assumption of Risk and Liability

By accessing or interacting with any Third-Party Services, you expressly acknowledge and agree that you do so at your own risk. Please be advised that the terms of this Agreement and our Privacy Policy do not govern your use of external platforms. Marketing Included shall not be held liable for any issues, claims, disputes, or damages—including those related to User Content submitted by others—arising from your engagement with such services. It is your responsibility to review the terms and conditions and privacy policies of any third-party provider you choose to utilize.

12.3 Right to Modify or Terminate Access

Marketing Included reserves the right, at its sole discretion, to suspend, disable, or permanently remove access to any Third-Party Services, in whole or in part, without prior notice. We shall not be held liable for any losses incurred as a result of such suspension or removal, including but not limited to the loss of profits, data, business opportunities, or goodwill.

12.4 Third-Party Advertisers

Any interactions or transactions with third-party advertisers discovered through Marketing Included—including payments, the delivery of goods or services, and any associated terms or warranties—are strictly between you and the respective advertiser. Marketing Included is not a party to these transactions and shall not be held responsible for any loss, damage, or dispute arising from your dealings with such third parties.

13. Indemnity

You hereby agree to defend, indemnify, and hold harmless Marketing Included, along with its subsidiaries, affiliates, agents, licensors, managers, employees, contractors, officers, directors, and any other parties acting on its behalf (collectively, the “Indemnified Parties”), from and against any and all claims, damages, losses, liabilities, costs, and expenses—including, without limitation, reasonable attorneys’ fees, judgments, fines, and penalties—arising out of or in connection with:

Service Usage: Your use of Marketing Included, including any data, content, or materials you transmit, receive, or access through the platform;
Breach of Agreement: Your breach of any provision, representation, warranty, or obligation contained within this Agreement;
Third-Party Infringement: Your violation of any third-party rights, including but not limited to privacy, intellectual property, or contractual rights;
Legal Compliance: Your violation of any applicable local, state, provincial, federal, or international laws, regulations, or rules;
User Content: Any User Content submitted through your Marketing Included account, specifically including any false, misleading, or defamatory statements or representations;
Conduct: Any instances of willful misconduct, fraud, or negligence on your part; and
Account Security: Any third-party use of Marketing Included via your username, password, account, or other security credentials, whether such access was authorized or unauthorized.

This indemnification obligation is a material term of this Agreement and shall survive the termination or expiration of your account and your use of Marketing Included indefinitely.

14. No Warranty

14.1 "As-Is" and "As-Available" Basis

Marketing Included is provided on an “as is” and “as available” basis, and your use of the Services is conducted entirely at your own risk. To the maximum extent permitted by applicable law, Marketing Included is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Marketing Included or through the Services shall create any warranty not expressly stated in this Agreement.

14.2 Specific Disclaimer of Guarantees

Without limiting the generality of the foregoing, Marketing Included, its subsidiaries, affiliates, and licensors do not warrant or guarantee the following:

That the content, data, or results available through the Services are accurate, reliable, or correct;
That the Services will meet your specific business requirements or expectations, or that they will be available at any particular time or location, uninterrupted or secure;
That the platform will operate error-free or that any identified defects or errors will be corrected; or That the Services are free of viruses, malicious code, or other harmful components.

14.3 Assumption of Risk

You acknowledge and agree that any content downloaded, accessed, or otherwise obtained through the use of Marketing Included is done at your own discretion and risk. You are solely responsible for any damage to your computer system or mobile device, or any loss of data, that results from such usage. Furthermore, Marketing Included does not endorse, guarantee, or assume responsibility for any third-party products, services, or materials advertised or offered through our platform or any linked websites. Marketing Included is not a party to, and will not monitor, any transaction between you and third-party providers of products or services.

14.4 Jurisdictional Limitations

Certain jurisdictions may not allow the exclusion or limitation of specific implied warranties; therefore, the exclusions and limitations set forth in this section may not apply to you. This Agreement provides you with specific legal rights, and you may possess additional rights that vary by jurisdiction. In the event that any disclaimer or exclusion is prohibited by applicable law, it shall be deemed modified to the minimum extent necessary to comply with such law, and the liability of Marketing Included shall be limited to the fullest extent permitted by the governing jurisdiction.

15. Limitation of Liability

To the fullest extent permitted by applicable law, Marketing Included, its affiliates, agents, directors, employees, suppliers, or licensors shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use of, or inability to use, Marketing Included. This includes damages resulting from hacking, tampering, or unauthorized access to Marketing Included or your account and the information contained therein.

The Client agrees to use Marketing Included’s services, including educational and marketing services, at their own risk. Marketing Included provides guidance, marketing strategy, and creative support, but makes no guarantees regarding specific outcomes such as increases in sales, leads, or brand awareness.

Further, Marketing Included shall not be liable for:

Errors, mistakes, or inaccuracies in content;
Personal injury or property damage resulting from your access to or use of Marketing Included;
Unauthorized access to or use of secure servers and any personal information stored therein;
Interruptions or cessation of transmission to or from Marketing Included;
Bugs, viruses, Trojan horses, or other harmful components transmitted through our service by any third party;
Loss or damage incurred due to the use of content posted, emailed, transmitted, or made available through Marketing Included;
User Content or the defamatory, offensive, or illegal conduct of any third party.

In no event shall Marketing Included, its affiliates, agents, directors, employees, suppliers, or licensors be liable for claims, proceedings, liabilities, damages, or costs exceeding the amount you paid to Marketing Included under this Agreement or $100.00, whichever is greater.

This limitation of liability applies regardless of the legal theory under which the claim is made, whether based on contract, tort, negligence, strict liability, or otherwise, even if Marketing Included has been advised of the possibility of such damages.

Certain jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you. This Agreement provides you with specific legal rights, and you may also have other rights that vary depending on your location. The disclaimers, exclusions, and limitations of liability in this Agreement will not apply to the extent prohibited by applicable law.

16. Governing Law, Arbitration, and Class Action / Jury Trial Waiver

16.1 Governing Law and Jurisdiction

You acknowledge and agree that Marketing Included is a business entity based solely in British Columbia, Canada, and operates as a passive service that does not give rise to personal jurisdiction in any jurisdiction other than British Columbia. This Agreement shall be governed by, and construed in accordance with, the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any arbitration conducted hereunder shall be governed by the Commercial Arbitration Act (BC), and the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application. You further agree to submit to the exclusive personal jurisdiction of the federal and provincial courts located in Surrey, British Columbia, for any actions in which Marketing Included seeks injunctive or other equitable relief, particularly regarding the infringement or misappropriation of intellectual property rights.

16.2 Mandatory Arbitration and Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, you agree to first contact the Company at support@marketingincluded.com to attempt an informal resolution. If the matter is not resolved within ninety (90) days, both parties agree to settle such claims—excluding those for injunctive or equitable relief—through binding arbitration. The arbitration shall be conducted by the Canadian Arbitration Association (CAA) in accordance with its then-current Optional Expedited Arbitration Procedures. The seat of arbitration shall be Surrey, British Columbia, unless otherwise agreed in writing. Each party shall bear its own portion of CAA filing and administrative fees, provided that the arbitrator’s final award may include the recovery of arbitration costs, reasonable attorneys’ fees, and expert witness expenses.

16.3 Class Action and Jury Trial Waiver

By utilizing the Services, you and Marketing Included each agree that any claims or disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Unless both parties agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Furthermore, both parties hereby irrevocably waive the right to a trial by jury in any legal proceeding arising out of or related to this Agreement or the transactions contemplated hereby.

16.4 Limitation on Claims

To the maximum extent permitted by law, any cause of action or claim you may have arising out of or relating to Marketing Included or this Agreement must be initiated within one (1) year after the cause of action or claim accrues. Failure to initiate a claim within this one-year period shall result in the claim being permanently barred and waived.

17. General Provisions

17.1 Assignment and Delegation

You may not transfer, assign, or delegate this Agreement, or any rights and licenses granted hereunder, to any third party without the prior written consent of Marketing Included. Any such attempted assignment shall be deemed null and void. Marketing Included reserves the right to assign or transfer this Agreement, or any of its rights or obligations herein, without restriction.

17.2 Notifications and Agreement Modifications

Marketing Included may provide notifications to you via email, written notice, or by posting prominently on our website, as determined by the Company in its sole discretion. We are not responsible for any automatic filtering you or your network provider may apply to such communications. We reserve the right to modify this Agreement at any time. Significant changes will be reflected by an updated “last modified” date, and your continued use of the Services following such updates constitutes your binding acceptance of the revised terms.

17.3 Non-Solicitation and Communication

Users agree not to solicit, “poach,” or attempt to hire any employees or independent contractors of Marketing Included with whom they have worked, unless a reasonable buy-out fee is negotiated and agreed upon in writing. Furthermore, Users are prohibited from soliciting business from other clients introduced by Marketing Included within the previous twelve (12) months. Unless otherwise authorized in writing, all communication between Client Users and Marketing Included talent must occur through approved channels, including the official website, app messaging, or the designated Company telephone and email systems.

17.4 Proprietary Materials and Non-Disclosure

All materials provided during the course of the Services—including training manuals, aids, and “info product” content—are the proprietary and copyright-protected property of Marketing Included. These materials are intended solely for the User’s personal use or specific Project work and may not be disclosed, reproduced, resold, or distributed to third parties. While rights to finished Project work transfer to the Client upon full payment, the underlying operational systems and intellectual property of Marketing Included remain the exclusive property of the Company.

17.5 Client Responsibility and Results Disclaimer

Client Users acknowledge that they are solely responsible for their own business progress and the results derived from the Services. While Marketing Included performs tasks at the Client’s request, we make no representations or guarantees regarding specific outcomes, such as increased sales or market performance. Any forward-looking statements in our materials are opinions of potential outcomes only and should not be relied upon as guarantees of actual results.

17.6 Force Majeure and Service Availability

Neither party shall be liable for any failure or delay in performance due to causes beyond their reasonable control, including acts of God, war, pandemics, labor strikes, or government advisories. Furthermore, Marketing Included’s virtual office may have limited availability during weekends and major Canadian or U.S. holidays; while we strive to meet all deadlines, these closures may impact active support availability.

17.7 Mutual Non-Disparagement

The Parties agree to resolve any disputes exclusively through the venues specified in Section 16. Both parties agree to refrain from making, transmitting, or communicating any derogatory, negative, or critical remarks regarding the other party, its programs, officers, or employees, in any public or private forum.

17.8 Severability and Waiver

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The failure of either party to enforce any right or provision of this Agreement shall not deemed a waiver of such right or provision.

17.9 Statutory Disclosures

The provider of Services is Metrix Marketing. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18. Contact Information

Should you have any questions regarding this Agreement or require legal clarification, please contact our legal department at: legal (at) marketingincluded.com.