Marketing Services Terms of Service Policy

MARKETBLAZER, INC.

TERMS OF SERVICE FOR SUBSCRIPTION MARKETING, TECHNOLOGY AND AI SERVICES

Last Updated: October 18, 2026

These Terms of Service for Subscription Marketing, Technology and AI Services (“Agreement”) govern the relationship between MarketBlazer, Inc., a Georgia corporation (“MarketBlazer”), and the individual or entity purchasing services (“Client”).

This Agreement, together with any applicable order form, proposal, service plan, statement of work, price book, or other written service description accepted by Client (collectively, the “Order Form”), constitutes the agreement between MarketBlazer and Client.

By purchasing, accessing, or continuing to use MarketBlazer services, Client agrees to the terms of this Agreement.

I. PURPOSE AND RELATIONSHIP

MarketBlazer provides subscription-based marketing, technology, software-enabled, automation, artificial intelligence, consulting, and related business services.

MarketBlazer and Client are independent contracting parties. Nothing in this Agreement creates a partnership, joint venture, employment, fiduciary, franchise, or agency relationship between the parties.

Client acknowledges that it is contracting solely with MarketBlazer, Inc. and not with any shareholder, director, officer, employee, independent contractor, consultant, or agent of MarketBlazer individually.

To the maximum extent permitted by law, no shareholder, director, officer, employee, independent contractor, consultant, or agent of MarketBlazer shall have personal liability to Client for any claim, loss, damage, obligation, or liability arising from or relating to this Agreement or the Services.

II. SERVICES

MarketBlazer will provide the services identified in the applicable Order Form or service plan (“Services”).

Services may include, depending upon the Client's selected plan:

-marketing consulting and strategy;

-customer relationship management systems;

-website and landing-page services;

-social media content and publishing;

-reputation management;

-email and SMS marketing;

-artificial intelligence voice agents;

-artificial intelligence chatbots;

-workflow and marketing automation;

-content creation;

-graphics and multimedia content;

-lead generation and lead nurturing systems;

-integrations with third-party applications;

-analytics and reporting; and

-other marketing, technology, artificial intelligence, and consulting services.

The specific Services, pricing, usage limits, deliverables, and subscription term applicable to Client will be described in the applicable Order Form.

If there is a conflict between this Agreement and an Order Form, the Order Form will control solely with respect to the specific Services, pricing, or terms expressly addressed in the Order Form.

MarketBlazer may determine the reasonable methods, technologies, personnel, contractors, software, and processes used to provide the Services.

III. EXPECTATIONS OF THE PARTIES

A successful engagement requires cooperation between MarketBlazer and Client.

MarketBlazer will use commercially reasonable efforts to:

-provide the Services described in the applicable Order Form;

-communicate with Client regarding material aspects of the engagement;

-provide reasonable direction and guidance concerning the Services;

-coordinate third-party resources when appropriate; and

-participate in scheduled meetings applicable to Client's service plan.

Client agrees to:

-cooperate reasonably with MarketBlazer;

-provide accurate and timely information;

-provide necessary access, credentials, materials, approvals, and other resources;

-attend meetings when reasonably required;

-provide timely feedback and approvals; and

-designate an authorized program leader when requested.

IV. CLIENT PROGRAM LEADER AND AUTHORITY

Client will designate an individual with authority to communicate decisions and approvals to MarketBlazer.

MarketBlazer may reasonably rely upon instructions, approvals, information, and representations received from Client's designated program leader or other individuals who reasonably appear to have authority to act for Client.

Client is responsible for internal communication and authorization among its employees, owners, contractors, and representatives.

V. CLIENT DELAYS, APPROVALS AND COOPERATION

MarketBlazer's ability to perform the Services may depend upon information, access, approvals, content, credentials, or decisions supplied by Client.

MarketBlazer will not be responsible for delays or reduced performance caused by Client's failure to timely provide required information, access, materials, approvals, or cooperation.

Such delays do not suspend Client's payment obligations or automatically extend Client's subscription term.

Client is responsible for reviewing materials submitted for approval. Once Client approves content, campaigns, configurations, automations, or other deliverables, Client accepts responsibility for their subsequent use, subject to MarketBlazer's obligations under this Agreement.

VI. FEES, BILLING AND PAYMENT

Client agrees to pay the fees specified in the applicable Order Form.

Unless otherwise stated in the Order Form:

-subscription fees are billed monthly in advance;

-invoices are issued on or about the first day of each month;

-payment is due no later than the tenth day of the month;

-third-party expenses, advertising expenditures, usage charges, telecommunications charges, taxes, and other pass-through costs may be billed separately; and

-Client is responsible for applicable sales, use, telecommunications, or similar taxes, excluding taxes imposed on MarketBlazer's net income.

MarketBlazer may change subscription pricing upon at least thirty (30) days' prior notice, subject to any fixed-price commitment expressly stated in an applicable Order Form.

MarketBlazer may suspend Services for overdue accounts. Suspension for nonpayment does not constitute a breach of this Agreement by MarketBlazer and does not eliminate Client's payment obligations.

Client will be responsible for reasonable costs incurred by MarketBlazer in collecting undisputed overdue amounts to the extent permitted by applicable law.

VII. SUBSCRIPTION TERM, RENEWAL AND CANCELLATION

The applicable subscription commitment will be stated in the Order Form.

MarketBlazer may offer different pricing for different commitment periods, including month-to-month, three-month, six-month, and twelve-month subscription terms.

Unless otherwise stated in the Order Form, subscriptions automatically continue on a month-to-month basis following completion of the initial commitment period.

Client may terminate a month-to-month subscription upon sixty (60) days' written notice.

If Client has selected a fixed commitment period, Client remains responsible for fees through the end of that commitment period unless the Order Form expressly provides otherwise.

MarketBlazer may terminate or decline to renew Services upon reasonable notice. MarketBlazer may immediately suspend or terminate Services for material breach, unlawful activity, abusive conduct, nonpayment, misuse of Services, violation of third-party platform requirements, or conduct that MarketBlazer reasonably determines creates material legal, security, reputational, or operational risk.

VIII. THIRD-PARTY SERVICES AND PLATFORMS

MarketBlazer Services may rely upon or integrate with third-party software, platforms, hosting providers, telecommunications providers, social networks, search engines, artificial intelligence providers, advertising networks, payment processors, domain registrars, plugins, APIs, and other third-party services.

MarketBlazer does not control these third parties.

MarketBlazer is not responsible for outages, interruptions, errors, security incidents, API changes, algorithm changes, policy changes, account restrictions, account suspensions, advertising rejections, deliverability issues, data loss, discontinued features, changes in pricing, or other actions or omissions of third-party providers outside MarketBlazer's reasonable control.

MarketBlazer does not guarantee the continued availability or functionality of any third-party service.

MarketBlazer may replace, modify, or discontinue a third-party component when reasonably necessary.

Some third-party services may require Client to agree separately to the provider's own terms, privacy policies, acceptable-use policies, or other requirements.

IX. THIRD-PARTY SUBSCRIPTIONS AND COMPONENTS

Certain MarketBlazer subscription plans may include access to paid third-party software, subscriptions, licenses, telephone services, plugins, or other components obtained or managed by MarketBlazer.

Unless otherwise expressly stated in writing, such components are licensed or provided as part of Client's active MarketBlazer subscription and are not independently purchased by Client.

Upon termination of the applicable MarketBlazer Services, these components may be terminated, disconnected, removed, downgraded, transferred where permitted, or reverted to a free version if available.

MarketBlazer is not obligated to continue paying for or providing third-party services after Client's subscription terminates.

X. ARTIFICIAL INTELLIGENCE AND AUTOMATION

Client acknowledges that MarketBlazer may use artificial intelligence, machine learning, generative AI, automation, and related technologies in providing the Services.

Artificial intelligence systems can produce inaccurate, incomplete, outdated, misleading, or unexpected results.

MarketBlazer does not warrant that AI-generated or AI-assisted output will be error-free, unique, complete, accurate, non-infringing, or appropriate for every particular use.

Client remains responsible for reviewing and approving material business information, claims, offers, pricing, regulated information, and other content before publication or use when Client approval is reasonably requested.

MarketBlazer may use human review, automated review, or a combination of human and automated processes in providing Services.

Client acknowledges that artificial intelligence technologies and their capabilities change rapidly and that MarketBlazer may reasonably change the tools, models, processes, vendors, and technologies used to provide AI-enabled Services.

XI. ELECTRONIC COMMUNICATIONS, EMAIL, SMS AND AI VOICE SERVICES

Client is responsible for ensuring that its use of email, SMS, telephone, artificial intelligence voice agents, automated communications, and marketing lists complies with applicable laws, regulations, industry requirements, and platform policies.

Client represents that it has obtained all permissions, consents, authorizations, and rights reasonably required to contact individuals contained in lists, databases, CRM systems, or other information supplied or made available to MarketBlazer.

Client will not knowingly use MarketBlazer Services to send unlawful spam, unlawful telemarketing communications, fraudulent communications, or communications to individuals for whom required consent has not been obtained.

MarketBlazer may suspend campaigns or Services that MarketBlazer reasonably believes may violate applicable law, carrier requirements, platform rules, or acceptable-use policies.

MarketBlazer does not provide legal advice concerning TCPA, CAN-SPAM, privacy, telemarketing, recording-consent, or other regulatory requirements. Client is responsible for obtaining its own legal advice regarding its communications practices.

XII. CLIENT CONTENT AND REPRESENTATIONS

“Client Content” means information, text, photographs, graphics, trademarks, logos, videos, customer information, lists, claims, testimonials, offers, prices, product information, credentials, and other materials supplied or authorized by Client.

Client represents and warrants that:

-Client has the right to provide and authorize MarketBlazer to use Client Content;

-Client Content does not knowingly violate third-party intellectual-property or privacy rights;

-factual information supplied by Client is materially accurate;

-claims concerning Client's products, services, pricing, certifications, licenses, testimonials, guarantees, or business practices are accurate and legally supportable; and

-Client's products, services, and business activities comply with applicable law.

MarketBlazer may reasonably rely upon information supplied by Client and is not required to independently investigate or verify every factual representation made by Client unless such verification is expressly included within the Services.

XIII. INTELLECTUAL PROPERTY AND OWNERSHIP

Client retains ownership of Client Content.

Upon full payment of all amounts due, Client will own final custom content and deliverables specifically created exclusively for Client to the extent such ownership can legally be transferred, except for MarketBlazer Materials and third-party materials.

“MarketBlazer Materials” include MarketBlazer's preexisting and reusable intellectual property, systems, software, methodologies, strategies, templates, frameworks, processes, prompts, workflows, automation structures, documentation, know-how, code libraries, configurations, training materials, and other proprietary tools.

MarketBlazer retains all rights in MarketBlazer Materials.

To the extent MarketBlazer Materials are incorporated into a Client deliverable, Client receives a non-exclusive license to use those materials as reasonably necessary to use the completed deliverable, unless otherwise stated in writing.

Third-party materials remain subject to the rights and licenses established by their respective owners.

XIV. CLIENT ACCOUNTS AND DIGITAL ASSETS

Unless otherwise agreed in writing, Client retains ownership of digital assets originally owned by Client, including Client-owned domains, social media accounts, advertising accounts, customer data, and other Client-controlled business accounts.

MarketBlazer retains ownership of MarketBlazer accounts, systems, templates, licenses, software, and other resources that are not specifically purchased and owned by Client.

Client is responsible for maintaining independent records of credentials and other information relating to Client-owned assets.

XV. DATA, PRIVACY AND SECURITY

Each party will use commercially reasonable measures to protect confidential information and credentials within its control.

Client acknowledges that no computer system, telecommunications network, cloud platform, artificial intelligence service, or internet-based service can be guaranteed to be completely secure or continuously available.

MarketBlazer does not guarantee that Services will be immune from unauthorized access, cyberattack, data loss, malware, telecommunications failure, or other security events.

MarketBlazer will not be responsible for security incidents or data losses caused by Client, Client personnel, Client systems, weak or compromised Client credentials, or third-party systems outside MarketBlazer's reasonable control.

Client is responsible for maintaining appropriate backups of critical business information unless backup services are expressly included in the applicable Order Form.

XVI. CONFIDENTIALITY

Each party may receive confidential or proprietary information belonging to the other.

Each party agrees to use reasonable care to protect the other party's confidential information and not to disclose such information except as reasonably necessary to perform or receive the Services.

MarketBlazer may disclose Client confidential information to employees, contractors, consultants, and service providers who reasonably require access to perform the Services and who are subject to appropriate confidentiality obligations.

Confidential information does not include information that:

-was lawfully known to the receiving party before disclosure;

-becomes publicly available without breach of this Agreement;

-is lawfully obtained from a third party without confidentiality restrictions;

-is independently developed without use of the other party's confidential information; or

-must be disclosed pursuant to applicable law or valid legal process.

XVII. NO GUARANTEE OF RESULTS

Marketing and technology outcomes depend upon numerous factors outside MarketBlazer's control.

MarketBlazer does not guarantee any particular business or marketing outcome, including:

-search-engine rankings;

-AI or large-language-model visibility;

-website traffic;

-leads;

-sales;

-revenue;

-profitability;

-conversion rates;

-advertising performance;

-social media followers or engagement;

-online reviews or ratings;

-email or SMS deliverability;

-telephone response rates;

-customer acquisition;

-search visibility; or

-continued availability or performance of any third-party platform.

Past performance does not guarantee future results.

MarketBlazer's obligation is to provide the agreed Services using commercially reasonable efforts, not to guarantee a particular business outcome.

XVIII. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

MARKETBLAZER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

XIX. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKETBLAZER WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES.

THIS EXCLUSION INCLUDES, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITIES, GOODWILL, DATA, CUSTOMERS, OR ANTICIPATED SAVINGS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETBLAZER'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF WHETHER THE CLAIM IS BASED UPON CONTRACT, TORT, NEGLIGENCE, STATUTE, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID TO MARKETBLAZER FOR THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

ADVERTISING SPEND, THIRD-PARTY SOFTWARE COSTS, TELECOMMUNICATIONS CHARGES, TAXES, AND OTHER PASS-THROUGH EXPENSES WILL NOT BE INCLUDED IN CALCULATING THIS LIMIT.

The limitations contained in this section apply to MarketBlazer, Inc. and, to the maximum extent permitted by law, its shareholders, directors, officers, employees, agents, consultants, and contractors.

XX. CLIENT INDEMNIFICATION

To the maximum extent permitted by law, Client agrees to defend, indemnify, and hold harmless MarketBlazer, Inc. and its shareholders, directors, officers, employees, agents, consultants, contractors, successors, and assigns from third-party claims, liabilities, losses, damages, judgments, penalties, costs, and reasonable attorneys' fees arising from or relating to:

-Client Content;

-Client's products or services;

-inaccurate or misleading information supplied by Client;

-Client's violation of applicable law;

-Client's breach of this Agreement;

-Client's violation of third-party rights;

-Client's customer or marketing lists;

-Client's failure to obtain legally required permissions or consents;

-instructions given by Client to MarketBlazer; or

-Client's misuse of the Services.

MarketBlazer will provide Client with reasonable notice of an indemnified claim and reasonable cooperation in the defense of the claim.

XXI. NO PROFESSIONAL ADVICE

MarketBlazer provides marketing, technology, artificial intelligence, automation, and business consulting services.

MarketBlazer does not provide legal, accounting, tax, investment, medical, cybersecurity, or other regulated professional advice unless expressly agreed in writing and appropriately licensed.

Client is responsible for obtaining qualified professional advice concerning legal, regulatory, financial, tax, privacy, employment, industry-specific, or other specialized matters affecting Client's business.

XXII. FORCE MAJEURE

MarketBlazer will not be liable for delays, interruptions, or failures caused by circumstances reasonably outside its control, including natural disasters, severe weather, fire, war, terrorism, civil unrest, governmental actions, labor disruptions, utility failures, internet outages, telecommunications failures, cyberattacks, cloud-service failures, third-party platform outages, epidemics, pandemics, or similar events.

MarketBlazer's performance obligations will be reasonably extended during such circumstances.

XXIII. TERMINATION AND EFFECT OF TERMINATION

Upon termination or expiration of Services:

-All outstanding and unpaid amounts become immediately due and payable.

-MarketBlazer may discontinue Client's access to subscription-based Services.

-Third-party subscriptions supplied through MarketBlazer may be terminated, disconnected, or downgraded.

-Plugins, integrations, and software may be removed, disabled, or reverted to free versions where available.

-MarketBlazer will have no obligation to continue paying third-party expenses on behalf of Client.

-Client remains responsible for preserving Client-owned information, customer data, credentials, and digital assets.

-MarketBlazer may remove its proprietary software, templates, automation workflows, configurations, integrations, licensed components, and other MarketBlazer Materials from systems or accounts to which it has authorized access, provided such removal does not intentionally destroy Client-owned data or materials.

-MarketBlazer may discontinue hosting, maintenance, support, automation, telecommunications, artificial intelligence, and other recurring services included in the terminated subscription.

-Client may request assistance with transitioning eligible Client-owned assets to another provider. Such assistance is subject to a separate written agreement and additional fees.

-MarketBlazer is not obligated to maintain Client data indefinitely after termination. Any deletion or retention will be subject to applicable law, the parties' applicable data-processing agreements, and disclosed retention policies.

Termination does not release either party from obligations accrued before the effective termination date.

XXIV. PROTECTION OF CORPORATE OFFICERS, SHAREHOLDERS, AND PERSONNEL

Client acknowledges and agrees that all Services are provided exclusively by MarketBlazer, Inc., a Georgia corporation.

Client further acknowledges that no shareholder, director, officer, employee, contractor, consultant, or agent of MarketBlazer assumes personal contractual liability for MarketBlazer's obligations.

To the maximum extent permitted by applicable law, Client agrees to pursue claims arising from MarketBlazer's contractual obligations solely against MarketBlazer, Inc., and not against its individual shareholders, directors, officers, employees, contractors, consultants, or agents.

The foregoing protections are intended for the benefit of those individuals, who shall be express third-party beneficiaries entitled to enforce this provision to the extent permitted by law.

Nothing in this section limits liability that cannot lawfully be excluded or restricted.

XXV. DISPUTE RESOLUTION AND ARBITRATION

If a dispute arises out of or relates to this Agreement or the Services, the parties agree to first attempt to resolve the dispute through good-faith discussions.

If the dispute cannot be resolved through direct discussions, the parties agree to attempt mediation administered by the American Arbitration Association under its applicable Commercial Mediation Procedures.

If mediation is unsuccessful, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its applicable Commercial Arbitration Rules.

Unless otherwise required by applicable law or agreed in writing by the parties, mediation and arbitration shall take place in Jasper, Georgia.

Judgment upon an arbitration award may be entered in any court having jurisdiction.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief from a court of competent jurisdiction when necessary to protect confidential information, intellectual property, or other rights pending arbitration.

XXVI. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-law principles, except to the extent superseded by applicable federal law.

XXVII. ENTIRE AGREEMENT AND AMENDMENTS

This Agreement, together with the applicable Order Form and any expressly incorporated written agreements, constitutes the entire agreement between MarketBlazer and Client concerning the Services.

This Agreement supersedes all prior oral or written discussions, proposals, representations, or agreements concerning the same subject matter.

MarketBlazer may periodically revise these Terms of Service. The current version will be maintained at the Terms of Service website address identified on MarketBlazer's invoices and other applicable communications. Each revised version will identify its effective date.

Client is responsible for reviewing the published Terms of Service periodically.

Revised Terms will apply to new subscriptions accepted after their effective date. For existing subscriptions, revisions will apply when Client affirmatively accepts them or when they otherwise become binding under applicable law. MarketBlazer may also provide specific notice of material changes when appropriate.

Changes to pricing, subscription commitments, cancellation rights, or other individually negotiated terms will be governed by the applicable Order Form and any required written agreement.

Any individually negotiated amendment must be agreed to in writing by authorized representatives of both parties.

XXVIII. SEVERABILITY

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed as necessary.

The remaining provisions shall continue in full force and effect.

XXIX. NO WAIVER

Failure by either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it subsequently.

Any waiver must be made in writing by the party granting the waiver.

XXX. ASSIGNMENT

Client may not assign or transfer this Agreement without MarketBlazer's prior written consent, which shall not be unreasonably withheld.

MarketBlazer may assign this Agreement in connection with a merger, acquisition, corporate reorganization, sale of substantially all relevant assets, or transfer of its business, provided the successor assumes the applicable obligations.

XXXI. SURVIVAL

The provisions concerning outstanding payments, confidentiality, intellectual property, data obligations, disclaimers, limitation of liability, indemnification, corporate-personnel protections, dispute resolution, governing law, and any other provisions intended by their nature to survive shall remain effective following expiration or termination of this Agreement.

XXXII. NOTICES

Notices required under this Agreement, including cancellation notices, shall be delivered in writing by email or another written method designated by the receiving party.

Notices to MarketBlazer shall be sent to the contact address or email address identified in the applicable Order Form or subsequently designated by MarketBlazer in writing.

Client is responsible for maintaining current contact information with MarketBlazer.

A notice shall be considered received when delivery is confirmed or acknowledged, subject to applicable law.

XXXIII. ELECTRONIC ACCEPTANCE

Client acknowledges that this Agreement may be accepted electronically, including through electronic signature, online order forms, or an affirmative acceptance process.

Electronic acceptance shall have the same legal effect as a handwritten signature to the extent permitted by applicable law.

The individual accepting this Agreement on behalf of a business represents that they are authorized to bind that business to its terms.

END OF AGREEMENT

MarketBlazer, Inc.
Terms of Service for Subscription Marketing, Technology and AI Services
Last Updated: October 18, 2026