Terms & Conditions

1. Acceptance of these Terms

By accessing quantumspikedigital.com, submitting a form, booking a call, or engaging us for services, you accept these Terms and our Privacy Policy. If you are agreeing on behalf of a company, you represent that you are authorized to bind it. Where we enter a separate written proposal, statement of work, or services agreement (“Engagement Agreement”) with a client, that document governs and, in the event of a conflict, prevails over these Terms for that engagement.

2. Definitions

• “Client” — a business that engages QSD to build or operate a marketing system.
• “Services” — the design, build, operation, optimization, and handover of client-acquisition systems, including paid advertising, AI booking and follow-up, content creation, and CRM workflows.
• “System” — the complete client-acquisition engine we build for a Client.
• “Deliverables” — the assets, configurations, content, and documentation we provide as part of the System.

3. Our services

Quantum Spike Digital builds complete client-acquisition systems — paid ads, AI booking, content, and CRM workflows — typically designed, built, and handed over within a 90-day engagement, after which the Client owns and can operate the System. The specific scope, milestones, and deliverables for any engagement are set out in the applicable Engagement Agreement. We may use subcontractors and technology partners (including our build partner, Techabys) to deliver the Services.

4. Engagement & client responsibilities

Successful delivery depends on Client cooperation. The Client agrees to:

• Provide timely access to advertising accounts, CRM, domains, brand assets, and required approvals.
• Fund advertising budgets directly with the platforms (ad spend is separate from our fees unless stated otherwise).
• Respond to leads and to our requests within agreed timeframes.
• Ensure that products, services, offers, and claims promoted are accurate, lawful, and properly licensed for the Client’s industry.
• Maintain its own accounts in good standing and comply with all third-party platform terms.

Delays or failures by the Client may affect timelines, results, and guarantee eligibility.

5. Fees & payment

Fees are set out in the applicable Engagement Agreement or proposal. Our model is project-based with defined milestones — no long-term retainer is required. Unless stated otherwise: fees are quoted in U.S. dollars; deposits and milestone payments are due as invoiced; and past-due amounts may accrue interest and result in suspension of work. Except as expressly provided in the 5x ROI guarantee, fees are non-refundable once the corresponding work is performed. Advertising spend paid to platforms is the Client’s responsibility and is not refundable by QSD. Taxes are the Client’s responsibility where applicable.

6. 5x ROI guarantee

We offer a 5x return-on-investment guarantee for qualifying engagements, measured in tracked revenue attributable to the System (not impressions or vanity metrics). The guarantee is subject to conditions, including that the Client:

• Completes onboarding and provides required access and assets on time;
• Maintains the minimum recommended advertising budget for the full measurement period;
• Meets agreed lead-response and follow-up standards;
• Keeps offers, pricing, and sales processes materially as represented; and
• Complies with these Terms and applicable law.

Where these conditions are met and the agreed ROI target is not reached within the measurement period, the remedy is the one stated in the Engagement Agreement — typically continued optimization and management work at no additional service fee until the target is met, or the specific refund/credit described therein. The guarantee does not apply where results are affected by factors outside our control (for example, platform bans, the Client’s unavailability, insufficient budget, regulated-industry restrictions, or inaccurate offers). Exact guarantee terms, targets, and remedies are defined in your Engagement Agreement.

7. Ownership, handover & intellectual property

Our model is built on Client ownership. Upon full payment for the relevant milestone or engagement:

• The Client owns the Deliverables and the System created specifically for it — including campaign configurations, CRM workflows, content produced for the Client, and the accounts established in the Client’s name.
• QSD retains all rights in its pre-existing materials — frameworks, methodologies, templates, software, tools, and know-how — and grants the Client a non-exclusive, perpetual license to use such pre-existing materials solely as embedded in the delivered System.
• QSD may reference the engagement and non-confidential results in its portfolio and marketing, unless the Client requests otherwise in writing.

Website content, logos, and trademarks on quantumspikedigital.com are owned by QSD or its licensors and may not be copied or used without permission.

8. Third-party platforms

Our Services rely on third-party platforms — including Meta, Google, YouTube, TikTok, CRM, telephony/SMS, and AI providers. The Client is bound by those platforms’ terms and policies. QSD is not responsible for platform outages, policy changes, account suspensions or bans, pricing changes, or actions taken by these third parties. We will use commercially reasonable efforts to operate within platform rules, but cannot guarantee their continued availability or behavior.

9. Advertising, leads & legal compliance

Both parties agree to comply with applicable U.S. advertising and consumer-protection laws, including the Telephone Consumer Protection Act (TCPA), the Telemarketing Sales Rule, CAN-SPAM, the FTC Act, and applicable state privacy laws such as the CCPA/CPRA.

• QSD will build lead-capture and contact mechanisms designed to obtain and document the consent required for compliant calls, texts, and emails, as described in our TCPA Policy and Privacy Policy.
• The Client is solely responsible for how it uses leads generated through the System, for honoring opt-outs and Do-Not-Call requests, for the truthfulness and legality of its offers and claims, and for any licensing or disclosures specific to its industry. When the Client contacts leads, it is the “caller” / “sender” of record and assumes the associated legal responsibility.

10. Confidentiality

Each party may receive confidential information from the other. Both parties agree to keep such information confidential, to use it only to perform under the engagement, and to protect it with reasonable care. This does not apply to information that is public, independently developed, or required to be disclosed by law.

11. Disclaimers

Except for the express 5x ROI guarantee and any warranties in an Engagement Agreement, our website and Services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant uninterrupted or error-free operation, nor any specific business result, ranking, lead volume, or revenue beyond what the guarantee expressly provides. Marketing outcomes depend on many factors outside our control.

12. Limitation of liability

To the maximum extent permitted by law, QSD and its affiliates, partners, and personnel will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from or related to the Services or these Terms, even if advised of the possibility. Our total aggregate liability for any claim will not exceed the service fees paid by the Client to QSD for the engagement giving rise to the claim in the three (3) months preceding the event. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

13. Indemnification

The Client agrees to defend, indemnify, and hold harmless QSD and its affiliates, partners, and personnel from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) the Client’s products, services, offers, or content; (b) the Client’s use of leads and its calling, texting, or emailing of consumers; (c) the Client’s violation of law or third-party rights; or (d) the Client’s breach of these Terms.

14. Term & termination

These Terms apply while you use our website or until an engagement ends. Either party may terminate an engagement as set out in the Engagement Agreement. On termination, the Client remains responsible for fees for work performed, and each party will return or delete the other’s confidential information on request. Sections that by their nature should survive — including ownership, confidentiality, disclaimers, liability, indemnification, and governing law — survive termination.

15. Governing law & dispute resolution

These Terms are governed by the laws of the State of [insert governing-law state], without regard to its conflict-of-laws rules, and the parties consent to the exclusive jurisdiction and venue of the state and federal courts located there. The parties will first attempt to resolve any dispute informally by good-faith negotiation. Any unresolved dispute will be resolved by binding arbitration or in the courts of that venue, as specified in the applicable Engagement Agreement. Each party waives any right to a jury trial and to participate in a class action to the extent permitted by law.

16. General provisions

• Entire agreement: These Terms and any Engagement Agreement are the complete agreement between the parties on this subject.
• Severability: If a provision is unenforceable, the rest remains in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: The Client may not assign these Terms without our written consent; we may assign in connection with a merger or sale.
• Force majeure: Neither party is liable for delays caused by events beyond its reasonable control.
• Changes: We may update these Terms; the “Last updated” date reflects the latest version, and continued use constitutes acceptance.
• Notices: Legal notices to QSD should be sent to the contact details below.

17. Contact us

Questions about these Terms:

• Email: legal@quantumspikedigital.com
• Phone: +1 (844) 703-1590 (English & Spanish)
• Mailing address: Quantum Spike Digital, [insert registered business mailing address]