Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website www.surgomarketing.co (the "Site") and the digital marketing, advertising management, and reporting services (the "Services") provided by Surgo Marketing Co. ("Surgo," "we," "us," or "our"). By accessing the Site or using the Services, you ("you," "Client," or "user") agree to be bound by these Terms. If you do not agree, do not use the Site or the Services.

1. Services

Surgo provides digital marketing services to businesses, including advertising campaign management and performance reporting. As part of our reporting Services, we operate internal tools that retrieve read-only advertising performance data (such as cost, clicks, impressions, and conversions) from accounts that you have authorized us to manage, and present that data to you. The specific scope, deliverables, and fees for your engagement are set out in a separate agreement, statement of work, or proposal between you and Surgo, which controls in the event of any conflict with these Terms.

2. Eligibility

You must be at least 18 years old and authorized to act on behalf of the business you represent in order to use the Services. By using the Services, you represent that you meet these requirements.

3. Client Responsibilities

• Provide accurate, current, and complete information reasonably required for us to perform the Services.
• Grant and maintain the access and authorizations necessary for us to manage and report on your advertising accounts, and promptly revoke access if the engagement ends.
• Ensure that any content, materials, products, or services you promote comply with applicable laws and with the policies of the advertising platforms used (including Google Ads policies).
• Maintain responsibility for your own accounts, billing with advertising platforms, and compliance obligations, except where expressly assumed by Surgo in writing.
• Use the Site and Services only for lawful purposes and not in any manner that could damage, disable, or impair them or interfere with any other party's use.

4. Acceptable Use

You agree not to: (a) reverse engineer, copy, or resell the Services or any reporting tools except as permitted; (b) attempt to gain unauthorized access to our systems or data; (c) use the Services to transmit unlawful, infringing, or malicious content; or (d) use the Services in violation of any applicable law or third-party platform terms, including the terms and policies of Google.

5. Data Usage

Advertising performance data accessed through our reporting tools is used solely to provide reporting and related Services to the Client to whom the data belongs. Our handling of information is described in our Privacy Policy, which is incorporated into these Terms by reference. Our use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

6. Fees and Payment

Fees for the Services are as set out in your separate agreement or proposal with Surgo. Unless otherwise stated, fees are due as invoiced. Advertising media spend paid to platforms such as Google is separate from Surgo's service fees, and you are responsible for that spend unless your agreement states otherwise.

7. Intellectual Property

The Site, the Services, and all related software, reporting tools, and content (excluding your data and materials) are owned by Surgo or its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes during your engagement. You retain ownership of your own data, trademarks, and materials.

8. Third-Party Platforms

The Services rely on third-party platforms and APIs, including Google Ads. Your use of those platforms is subject to their own terms and policies. We are not responsible for changes, outages, or actions taken by third-party platforms that affect the Services.

9. Disclaimers

The Site and Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Surgo does not warrant any specific advertising outcome, ranking, traffic, or return on investment, as results depend on many factors outside our control.

10. Limitation of Liability

To the maximum extent permitted by law, Surgo and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to the Site or Services. Surgo's total aggregate liability arising out of or relating to the Services will not exceed the amount of service fees you paid to Surgo in the three (3) months preceding the event giving rise to the claim.

11. Indemnification

You agree to indemnify and hold harmless Surgo and its owners, employees, and contractors from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your content or advertising, or your violation of these Terms or applicable law.

12. Termination

Either party may terminate the engagement as provided in the applicable separate agreement. We may suspend or terminate your access to the Site or Services at any time if you violate these Terms. Upon termination, the rights granted to you will cease, and provisions that by their nature should survive (including Sections 7, 9, 10, and 11) will survive.

13. Governing Law

These Terms are governed by the laws of the State of Oregon, without regard to its conflict-of-laws rules. The state and federal courts located in Multnomah County, Oregon will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Site or Services after changes take effect constitutes acceptance of the updated Terms.

15. Contact Us

Questions about these Terms may be directed to:

Surgo Marketing Co.
5441 S Macadam Ave, Ste R, Portland, OR 97239, USA
matthew@surgomarketing.co

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This document is provided for general informational purposes and does not constitute legal advice. Consider having it reviewed by a qualified attorney.