Terms of Service

Acceptance of Terms

By accessing or using the AlignSwell website, products, or services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you may not access our services. These terms apply to all visitors, users, and clients who access or use our services.

We reserve the right to update or modify these terms at any time without prior notice. Your continued use of our services after any changes constitutes acceptance of the new terms. We encourage you to review these terms periodically.

Services Description

AlignSwell provides digital marketing services including but not limited to search engine optimization (SEO), pay-per-click advertising (PPC), conversion rate optimization (CRO), content marketing, social media marketing, web design and development, link building, eCommerce marketing, and brand strategy.

The specific scope of services, deliverables, timelines, and pricing will be outlined in a separate service agreement or statement of work provided to each client. Services are provided on a professional basis and results may vary based on market conditions, competition, and other factors beyond our control.

Client Responsibilities

Clients agree to provide timely access to necessary accounts, platforms, and information required for the delivery of services. This includes granting reasonable access to website analytics, advertising accounts, content management systems, and other relevant platforms.

Clients are responsible for the accuracy of all information provided and must obtain all necessary permissions and licenses for any materials they provide. Clients must also comply with all applicable laws and regulations in their use of our services.

• Provide accurate and complete information as requested
• Grant access to accounts and platforms in a timely manner
• Review and approve deliverables within agreed timelines
• Comply with all applicable laws and platform terms of service
• Not use our services for any unlawful or prohibited activities

Payment Terms

Fees for services are outlined in the service agreement. Payment terms are net 30 days from the invoice date unless otherwise specified. Late payments may incur additional charges at a rate of 1.5% per month or the maximum rate permitted by law.

All fees are non-refundable except as expressly stated in the service agreement. We reserve the right to suspend services for accounts that are more than 30 days past due. Clients are responsible for all taxes, duties, or government charges associated with our services.

Intellectual Property

Upon full payment for services, AlignSwell assigns to the client all intellectual property rights in the deliverables specifically created for the client. This includes custom content, designs, strategies, and reports developed as part of the engagement.

AlignSwell retains the right to use any general methodologies, tools, and know-how developed during the course of providing services. We may also display client work in our portfolio, case studies, and marketing materials unless otherwise agreed in writing.

Third-party tools, platforms, and software used in the delivery of services remain the property of their respective owners and are subject to their own licensing terms.

Limitation of Liability

AlignSwell's liability for any claim arising out of or relating to our services shall not exceed the total fees paid by the client for the specific service giving rise to the claim. In no event shall AlignSwell be liable for any indirect, incidental, special, consequential, or punitive damages.

We do not guarantee specific results, including but not limited to search engine rankings, traffic volumes, conversion rates, or revenue increases. Digital marketing results are influenced by numerous factors beyond our control, including algorithm changes, competitor actions, and market conditions.

Termination

Either party may terminate a service agreement with 30 days' written notice. Upon termination, the client shall pay for all services rendered up to the effective date of termination. AlignSwell will provide a final report and transfer any client-owned assets within 14 days of termination.

We reserve the right to terminate services immediately if a client violates these terms or engages in unlawful activity. In such cases, no refunds will be provided for services already rendered or committed.

Governing Law

These terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these terms shall be resolved exclusively in the courts of New York County, New York.

The parties agree to first attempt to resolve any dispute through good-faith negotiations. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.