PerfectClick.ai Service Agreement

These terms of use (“Terms of Use” or this “Agreement”) cover the use of the PerfectClick services, website, applications and software (collectively, the “Service”). At PerfectClick we value our clients and have worked hard to ensure these terms are easy to understand and in our customer's best interests. You accept these Terms by creating a PerfectClick account, through your use of the Service, or by continuing to use the Service after being notified of a change to these Terms.

Code of Conduct

1. By agreeing to these Terms of Use, you’re agreeing that, when using the Service, you will follow these rules:
 a. Don’t do anything illegal.
 b. Don’t engage in any activity that exploits, harms, or threatens to harm the Service, including but not limited to denial of service attacks.
 c. Don’t use the service to track the performance of spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
 d. Do not manipulate, falsify, or block information being generated or transmitted by the Service.
 e. You agree that all PerfectClick created digital marketing campaigns, ad copies, landing pages, logos, images, videos, domains, website copies, keyword lists, bidding values, phone numbers, and third party accounts created by PerfectClick are the exclusive intellectual property of PerfectClick. You agree to not duplicate, mimic, or reverse engineer any digital marketing campaigns created by PerfectClick for use outside of the PerfectClick service.
 f. Don’t engage in activity that is false or misleading
 g. Don’t circumvent any restrictions on access to the Service, select feature of the Service, or availability of the Service or attempt to reverse engineer code used by the Service.
 h. Don’t engage in activity that violates the privacy of others.
 i. Don’t help others break these rules.
Enforcement. If you violate these Terms of Use, we may stop providing Services to you or we may close your PerfectClick account. When investigating alleged violations of these Terms, PerfectClick reserves the right to review all data and content available in order to resolve the issue.

Using the Services & Support

2. Using the Services & Support.
 a. You’ll need a PerfectClick account to access many aspects of the Service. Your PerfectClick account lets you sign in and view reports and analysis generated by the Service.
  i. Creating an Account. You can create a PerfectClick account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your PerfectClick account. If you create a PerfectClick account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your PerfectClick account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your PerfectClick account.
  ii. By using the Service, you represent that you have reached the age of "majority" where you live. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please refrain for creating an account until you understand these Terms
  iv. Closing Your Account.
   1. To cancel a Service, visit the PerfectClick.ai website and follow prompts or email support@perfectclick.ai. Cancellation requests will be processed within 2 business days. You must provide notice of cancellation at least 3 business days prior to the start of your next Service Period if you wish for the cancellation to take effect before the start of the next Service Period. Any cancellation requests received less than 3 business days before the end of a given Service Period will take effect at the end of the following Service Period. If you cancel the Service, your access to the Services ends immediately when exercising the New Client Guarantee, otherwise your Service will end at the conclusion of your Service Period. PerfectClick reserves the right to cancel your Service at any time, with or without notice, reason, or your consent. All fees paid to us are non-refundable; provided, however, if we cancel the service without cause, we will issue you a refund pro-rata for any remaining prepaid unearned services. When you cancel the Service, you agree to discontinue use of all PerfectClick generated assets - including, but not limited to digital marketing campaigns, marketing materials, ad copies, logos, website copy, and keyword bidding strategies. All PerfectClick generated digital marketing campaigns will be either deleted or reverted back to the state they were in prior to initiating the PerfectClick Service.
   2. If your Services are canceled or your PerfectClick account is closed (whether by you or us), your right to use the Services stops immediately and your license to use the software related to the Service ends. Next, PerfectClick may or may not delete Data associated with your PerfectClick account such as Third Party Accounts, digital marketing campaigns, forwarding phone numbers, landing pages, analytics logs, or performance reports. You should have a regular backup plan, as PerfectClick may not be able to retrieve your Data once your account is closed.
 b. Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a server to host your website. You are responsible for providing all connections, plans, and/or equipment needed to use the Service and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Service and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
 d. Service Notifications. When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your PerfectClick account. If you gave us your phone number in connection with your PerfectClick account, then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS.
 e. Customer support for the Service is available at http://www.perfectclick.ai

Definition of Terms

3. Terms.
 a. A Client ("Client") is You or any person who creates a PerfectClick account.
 b. "Sale" is defined as when a customer completes a checkout process for a good or service on Client's website. Client is responsible for ensuring their website is functioning at all times and capable of processing Sales. Some Sales may result in returns, chargebacks, failed transactions, or fraud ("Unsuccessful Transactions"). You the Client recognize that this is a normal course of business and agree to not hold PerfectClick responsible for Unsuccessful Transactions.
 c. "Lead" is defined as a person who after viewing an advertisement either (a) places a call to the Client's business or (b) submits their personal contact information via a web form to the Client.
 d. "E-commerce Account" is a PerfectClick account classification designed for businesses that sell goods or services online. This account type is reserved for businesses whose customers are able to make purchases via a website without having to make a phone call or visit a physical store location.
 e. "Lead Generation Account" is a PerfectClick account classification designed for businesses who do not accept orders on their website and instead prefer to speak with a potential customer by phone or email before a sale is finalized.
 f. "Established Business" is a business whose monthly gross sales exceed $5,000 USD/mo prior to starting PerfectClick Service. Businesses who do not meet these criteria are ineligible to receive a refund under the New Client Guarantee. The reason for this is that some businesses fail to generate sales due to factors unrelated to marketing. Start up businesses have higher risk profiles and may not succeed even with well-managed marketing campaigns.
 g. "Monthly Advertising Budget" is the target budget amount Client requests PerfectClick spend each month for the duration of the Service Period for the purposes of advertising. Actual advertising spend may vary from target. PerfectClick will make a good faith effort to spend as close as possible to the target amount in ways that maximize benefit to Client.
 h. "Trial" is a limited duration implementation of one or more PerfectClick Services. Not all PerfectClick Services are offered on a Trial basis and not all Trials are offered without cost. During a Trial, Clients may have the option to set a fixed, non-recurring, and non-refundable budget.
 i. "Service Area" is a geographic area defined by the Client. Although PerfectClick works to maximize the number of Leads a Client receives from within their Service Area, PerfectClick offers no guarantee that all Leads provided will be from within this area. Reasons that a Client may receive a Lead from outside of their service area include, but not limited to; (i) Occasionally Leads may have recently been inside of a Client's Service Area at the time they view an advertisement, but the location of the job is somewhere else. This may happen if a Lead is contacting a Client from their place of work or while traveling, (ii) Inaccurate or spoofed GPS or other geo-location data, (iii) A Lead is contacting a Client's business on behalf of another person such as a family member, coworker, or friend who is in a different location.
 i. "Exclusive Lead" is a Lead that PerfectClick distributes to only one Client at a given time.
 j. "Redistributed Lead" is a type of Exclusive Lead that has been redistributed to an additional Client besides the original recipient. PerfectClick may redistribute Leads at its sole discretion for reasons including, but not limited to; (i) Either the Client or the Lead indicate that the service location is outside of the Client's Service Area. (ii) The Client who originally received the Lead indicated that they are unable or unwilling to serve the Lead. (iii) The original Client who originally received the Lead failed to contact the Lead within the recommended amount of time. (iv) The Lead does not agree to the Client's pricing.
 k. "Shared Lead" is a Lead that is simultaneously sent to multiple Clients at the moment it is generated.
 l. "Digital Asset" is any advertising campaign, ad copy, landing page, logo, image, video, domain, website copy, keyword list, bidding values, user data, phone number, third party account, or other digital content created or generated by PerfectClick for the purpose of rendering PerfectClick Services. All Digital Assets created by PerfectClick are exclusively owned by PerfectClick.
 l. "Add-On Service" is any optional service offered other than the primary PerfectClick service. Some examples of Add-On Services include landing page design, landing page hosting, business phone service, phone answering service, text message alerts, and missed call email notifications. PerfectClick may offer new or discontinue existing Add-On Services at any time for any reason with or without notice.

Definition of Services

4. The PerfectClick Service.
 a. The PerfectClick Service provides intelligent assisted management services for digital marketing campaigns. By monitoring how users interact with your website and digital marketing campaigns, the PerfectClick Service will make periodic recommendations as to what – if anything – can be changed in your digital marketing campaigns to improve performance and increase advertising ROI. Such recommendations may include, but are not limited to, PPC bid pricing per keyword or campaign, bid adjustments for certain user devices, or bid adjustments for different times of day and days of the week.
 b. By logging in to your PerfectClick account after successfully installing the PerfectClick software on your website, you will gain access to a variety of performance reports, recommendations, and analytics. The PerfectClick Service utilizes proprietary algorithms to develop its recommendations. You acknowledge that changes in user behavior, changes to your website, changes in the market for your products, or other factors can affect results.
 c. The PerfectClick Service requires a Training Period where the Service gathers data in order to learn how to improve your digital marketing campaigns and website. This Training Period is designed to last between 1-3 weeks in most cases, but can take longer for clients with very low ad spend or low website traffic. The Service will continue to learn and improve its recommendations even after completing the Training Period. Results may be limited during the Training Period.
 d. Enrolling in the "Guided Self-Management" Plan will grant access to the PerfectClick dashboard and reporting service.
 e. Enrolling in the "Complete Automation" Plan will grant access to the PerfectClick dashboard and reporting service as well as provide a dedicated account manager who will create campaigns, update, and maintain your Pay-Per-Click marketing accounts in an effort to maximize return on ad spend. Dedicated account managers may communicate with you by email or phone during the hours of 8am-5pm CST.
 f. PerfectClick makes available "Call Tracking" technology that records certain analytics about incoming telephone calls to your business. The data points PerfectClick records in relation to Call Tracking include, but are not limited to, a timestamp of the call, the caller's phone number, the duration of the call, and a digital recording of the call. The purpose of this feature is to ensure that inbound calls we generate for your business are relevant and qualified. You may request that PerfectClick not record the contents of inbound calls and instead only log metadata. Unless otherwise requested, when a calling party initiates a call to a PerfectClick tracking phone number, PerfectClick will create a digital audio recording of the telephone call. The laws regarding the notice and notification requirements of such recorded conversations vary by jurisdiction. PerfectClick will notify the calling party that your business monitors and records calls. You are responsible for notifying all of your business's employees, contractors, officers, agents, and authorized representatives that calls tracked by PerfectClick are recorded. You are responsible for compliance with local laws in the relevant jurisdiction when using this feature. PerfectClick shall have no liability whatsoever in respect of any use made by you, your employee, contractor, officer, agent, authorized representative or other third party, of the recordings and its contents, and/or of any personal information.

Service Fees

5. PerfectClick offers fee plans for its Service based upon the size of the monthly advertising spend by your business and whether you enlist our professionals to assist you in allocating your advertising budget across online providers. For businesses with a monthly advertising budget of $15,000 per month or less, we make available our Standard Business Plan. For businesses and agencies with a monthly advertising budget of greater than $15,000, we offer our Enhanced Enterprise Plan. We then have additional options you can select regardless of Plan. The features and fees for each are as follows:
 a. Standard Business Pricing (Monthly Advertising Budget of less than $15,000)
  i. "Guided Self-Management with annual Service Period" includes a Service Fee of 9% of Client’s Monthly Advertising Budget (minimum $199 USD/mo)
  ii. "Guided Self-Management with monthly Service Period" includes a Service Fee of 10% of Client’s Monthly Advertising Budget (minimum $249 USD/mo)
  iii. "Complete Automation with annual Service Period" includes a Service Fee of 18% of Client’s Monthly Advertising Budget (minimum $399 USD/mo)
  iv. "Complete Automation with monthly Service Period" includes a Service Fee of 20% of Client’s Monthly Advertising Budget (minimum $499 USD/mo)
 b. Agency & Enterprise Pricing (Monthly Advertising Budget of more than $15,000)
  i. "Guided Self-Management with annual Service Period" includes a Service Fee of $39/mo per managed domain, plus 5% of the first $15,000 of Client’s Monthly Advertising Budget, 4% of Client’s Monthly Advertising Budget between $15,000-$30,000, and 3% of all Monthly Advertising Budget above $30,000.
  ii. "Guided Self-Management with monthly Service Period" includes a Service Fee of $49/mo per managed domain, plus 6% of the first $15,000 of Client’s Monthly Advertising Budget, 5% of Client’s Monthly Advertising Budget between $15,000-$30,000, and 4% of all Monthly Advertising Budget above $30,000.
  iii. "Complete Automation with annual Service Period" includes a Service Fee of $79/mo per managed domain, plus 10% of the first $15,000 of Client’s Monthly Advertising Budget, 8% of Client’s Monthly Advertising Budget between $15,000-$30,000, and 6% of all Monthly Advertising Budget above $30,000.
  iv. "Complete Automation with monthly Service Period" includes a Service Fee of $99/mo per managed domain, plus 12% of the first $15,000 of Client’s Monthly Advertising Budget, 10% of Client’s Monthly Advertising Budget between $15,000-$30,000, and 8% of all Monthly Advertising Budget above $30,000.
 c. "PerfectClick Code Installation" is an optional service for a one time Service Fee of $49.99 USD.
 d. "Landing Page Hosting" is an optional service for a recurring Service Fee of $19.99 USD/mo for the duration of the Service Term.
 e. "Advanced Call Tracking Report" is an optional service for a recurring Service Fee of $19.99 USD/mo for the duration of the Service Term.

Service Availability

6. Service Availability.
 a. The Service or products offered through the Service may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region, device or type of business.
 b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and PerfectClick is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Data associated with your PerfectClick account. We recommend that you regularly backup your Data that you store on the Service.

Your Privacy

7. Your privacy is important to us. It is necessary for PerfectClick to store information in order to operate effectively and provide you the best experiences with our products. Some of this data you provide to us directly, such as when you create a PerfectClick account, respond to emails, or interact with the PerfectClick website. Other data we get by recording how users interact with your ad creatives or website. For example, using technologies like cookies. By using the Services or agreeing to these Terms, you consent to PerfectClick’s collection and use of this information.

Updates to the Services or Software, and Changes to These Terms

8. Updates to the Services or Software, and Changes to These Terms of Use.
 a. We may change these Terms of Use at any time. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Service and close your PerfectClick account.
 b. Sometimes you’ll need software updates to keep using the Service. We may notify you if updates or changes are needed. You may also be required to update your site’s PerfectClick code snippet to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. PerfectClick isn’t obligated to make any updates available.
 c. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a part of the Service altogether. Except to the extent required by applicable law, we have no obligation to provide a Service or feature of the Service. We may release the Service or select features in a beta version, which may not work correctly or in the same way the final version may work. You agree to not hold PerfectClick liable for any software bugs or security flaws in the software and agree to promptly report any such bugs or flaws you find immediately upon discovery.

Software License

9. Unless accompanied by a separate PerfectClick license agreement, any software provided by us to you as part of the Service is subject to these Terms of Use.
 a. If you comply with these Terms of Use, we grant you the limited, revocable right and license to install and use during the term of this Agreement one copy of the software per domain on a worldwide basis for use by only one domain or one business entity (whichever scope is smaller) at a time as part of your use of the Service. The software or website that is part of the Service may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by PerfectClick. Notices, if any, for the third-party code are included for your information only.
 b. The software provided to you is licensed, not sold. PerfectClick owns all rights, title, and interest in and to the software. All rights not expressly granted by PerfectClick to Client under this Agreement are expressly reserved by PerfectClick. There are no other rights or licenses granted, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
  i. circumvent or bypass any technological protection measures in or relating to the software or Service;
  ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Service that is included in or accessible through the Service, except and only to the extent that the applicable copyright law expressly permits doing so;
  iii. Separate components of the software or Services for use on different devices;
  iv. Publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Service, unless PerfectClick expressly authorizes you to do so;
  v. Transfer the software, any software licenses, or any rights to access or use the Service;
  vi. Use the Services in any unauthorized way that could interfere with anyone else’s use of the Service or gain access to any service, data, account, or network.

Payment Terms

10. Payment Terms. If you purchase the Service, then these payment terms apply to your purchase and you agree to them.
 a. Charges. If there is a charge associated with a portion of the Services or the plan you select when creating your PerfectClick account, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your PerfectClick account was registered. We may suspend or cancel the Service if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
 b. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the PerfectClick website. Additionally, you agree to permit PerfectClick to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
 c. Billing. By providing PerfectClick with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize PerfectClick to charge you for the Service or available content using your payment method; and (iii) authorize PerfectClick to charge you for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
 d. Recurring Payments. When you purchase the Service on a subscription basis (e.g., monthly or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to PerfectClick by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by PerfectClick. By authorizing recurring payments, you are authorizing PerfectClick to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, you agree to provide valid alternate credit or debit card billing information within 5 business days of any failed payment. Any payments made after 10 days from the original due date shall be subject to a one time Late Fee of 5% of the balance owed or a minimum of $25 USD, plus an additional annual interest fee of 18%.
 e. Duration of Service. You agree to retain and pay for the PerfectClick service for the Service Period (e.g., monthly or annually) that you select when creating your PerfectClick account unless your account is terminated by PerfectClick prior to the end of your Service Period or you opt to exercise the cancellation option outlined in the New Client Guarantee.
 f. Automatic Renewal. Provided that automatic renewals are allowed in your state, your Service will automatically renew at the end of the fixed Service Period at the rate that is available at that time unless you provide a written request to cancel service at least 3 business days before the end of the Service Period.
 g. Online Statement and Errors. PerfectClick will provide you with an online billing statement either on the PerfectClick website or sent to you by email to the email address you used to sign up for your PerfectClick account with. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 15 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If PerfectClick has identified a billing error, we will correct that error within 90 days.
 h. Refund Policy. Unless otherwise provided by law or by a particular Service offer such as the New Client Guarantee, all purchases are final and non-refundable. If you believe that PerfectClick has charged you in error, you must contact us within 30 days of such charge. No refunds will be given for any charges more than 30 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. Under no circumstance will PerfectClick provide refunds for charges originating from Third Party Accounts linked to your PerfectClick account, such as Google Ads, Microsoft Ads, Facebook Ads, or similar third party services. This refund policy does not affect any statutory rights that may apply.
 i. Canceling the Services. To cancel your PerfectClick Service, follow the steps outlined in the Closing Your Account section of this document. Individual Add-On Services may also be canceled through your PerfectClick Dashboard.
 j. Percentage of Monthly Advertising Budget. Some PerfectClick Service Fees are calculated as a Percentage of Monthly Advertising Budget. In the event that PerfectClick manages a Third Party Account on behalf of Client, such as a Google Ads, Facebook Ads, or similar account that is owned by or created by Client, once PerfectClick assumes management of the Third Party Account, all monies spend in this account will count towards the Monthly Advertising Budget
 k. Percentage of Sales. Some PerfectClick plan Service Fees are calculated as a Percentage of Sales. Sales shall be considered the total revenue received from any purchases made from the Client's business where the Customer had previously clicked on or engaged with an ad that was run from a PerfectClick managed Third Party Account, regardless of if that customer had been exposed to or engaged with other ads since then. Purchases made from the client's business where the Customer has never seen or engaged with an ad run on any account managed by PerfectClick will not be considered when calculating the PerfectClick Service Fee.
 l. Price Changes. We may change the price of the Service at any time and if you have a recurring purchase, we will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
 m. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
 n. Collections. You the Client agree to pay all costs of collections, including contingency fees assessed by third parties.
 o. Chargebacks. By purchasing Services from PerfectClick, you agree to communicate with PerfectClick in a timely manner about any charges, fees, or other amounts invoiced to you which you believe are in error. You further agree not to seek a chargeback on any credit card payments made to PerfectClick. In the event that you initiate a chargeback, you agree that PerfectClick may, in its sole and absolute discretion, initiate a chargeback fee of $100 USD in addition to any amounts incurred by PerfectClick in collecting the amounts charged back.

Third Party Services

11. The PerfectClick Service is used to manage and improve the performance and returns seen from third party pay-per-click advertising platforms such as Google Ads, Microsoft Ads, Facebook Ads and other pay-per-click platforms. You agree to allow PerfectClick to create and manage pay-per-click accounts on your behalf and in doing so, you agree to the terms of service of each respective platform. You acknowledge that all third party accounts created by PerfectClick and their contents are exclusively owned by PerfectClick. You also acknowledge that you will be billed separately by these Third Party Platforms and that PerfectClick does not have the ability to grant refunds for these charges or guarantee the quality of service of Third Party Platforms.

Intellectual Property

12. You hereby grant to PerfectClick a non-exclusive, non-transferable, worldwide right and license to use, reproduce and distribute any trademarks, logos, images, videos, slogans, or other digital content you provide. All digital content provided by You (the Client) at the start of Service is owned exclusively by You. All Digital Assets created by PerfectClick are owned exclusively by PerfectClick. All advertising accounts, campaigns, strategies, user data, and associated digital content are the exclusive intellectual property of PerfectClick.

New Client Guarantee

13. Within the first 30 days of creating a PerfectClick account, first-time Clients who meet the criteria for an Established Business and have not already participated in a Trial of PerfectClick Services are granted a special cancellation option. Should the PerfectClick Service fail to produce new Leads for Clients with a Lead Generation Account, the Client may cancel Service within the first 30 days of creating their PerfectClick account to receive a full refund of the PerfectClick Monthly Service Fee. To receive a refund, Client must send a written refund request to the email address support@perfectclick.ai, within 30 days of creating their PerfectClick account. Refund requests received more than 30 days after the Client's PerfectClick account was created or sent by means other than through email to support@perfectclick.ai will be deemed invalid. Upon receipt and verification of such request, Client shall be refunded all PerfectClick monthly Service fees paid up to that point, not including non-refundable fees such as installation fees, landing page hosting fees, or Third Party fees. Upon Cancellation, Client agrees to have all advertising campaigns reverted back to the state that they existed prior to the start of the PerfectClick Service and to not implement any of the recommendations made by the PerfectClick Service in any future campaigns. This includes deleting any advertising campaigns that were created by the PerfectClick Service. After the first 30 days of Service, if Client has not executed their option to cancel, Client is bound to the full term of the Service Period of this agreement.

Choice of Law, Jurisdiction

14. Choice of Law and Place to Resolve Disputes. You agree that the laws of the state of New Mexico govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Bernalillo County, New Mexico, for all disputes arising out of or relating to these Terms or the Services that are heard in court.

Warranties

15. PERFECTCLICK AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. YOU UNDERSTAND THAT RESULTS OBTAINED FROM USING THE PERFECTCLICK SERVICE MAY VARY AND THAT PAST PERFORMANCE DOES NOT GUARANTEE SIMILAR FUTURE RESULTS. PERFECTCLICK DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

Limitation of Liability

16. If you have any basis for recovering damages (including breach of these Terms of Use), you agree that your exclusive remedy is to recover, from PerfectClick or any affiliates, direct damages up to an amount equal to your Services fee for the month during which the breach occurred. The existence of more than one claim shall not expand such limit. You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms of Use, the Services, or the software related to the Services. The Parties acknowledge that the fees agreed upon between Client and PerfectClick are based in part on these limitations and that these limitations will apply notwithstanding any failure of any essential purpose of any limited remedy.