Terms of Service

Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Kaizen Growth Marketing (“Kaizen Growth,” “we,” “us,” or “our”), governing your access to and use of our website at kaizengrowthmarketing.com (the “Site”) and any digital marketing services we provide (collectively, the “Services”).

By accessing our Site, submitting an inquiry, booking a strategy call, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please discontinue use of our Site and Services immediately.

Description of Services

Kaizen Growth Marketing provides digital marketing services to law firms, trades, home service businesses, and other service-based companies. Our Services include, but are not limited to:

• Search Engine Optimization (SEO) — including technical SEO, on-page optimization, link building, and content strategy designed to improve organic search visibility.

• Pay-Per-Click Advertising (PPC) — including Google Ads, Local Services Ads (LSA), and paid social media campaigns on platforms such as Meta (Facebook/Instagram) and LinkedIn.

• CRM Systems & Automation — including sales pipeline setup, lead follow-up automation, and conversion tracking integrations.

• Strategy & Consulting — including acquisition audits, marketing strategy sessions, and performance reporting.

The specific scope, deliverables, timelines, and fees for your engagement will be defined in a separate Service Agreement or Statement of Work (“SOW”) executed between you and Kaizen Growth. These Terms apply in addition to any such agreement. In the event of a conflict, the Service Agreement or SOW will govern.

Client Responsibilities

To enable us to deliver the Services effectively, you agree to:

• Provide accurate, complete, and up-to-date information about your business, target audience, and marketing goals.

• Grant us timely access to any accounts, platforms, credentials, or assets (e.g., Google Ads, Google Analytics, website CMS, CRM) reasonably required to perform the Services.

• Respond to requests for approvals, content, feedback, or information within timeframes specified in the applicable SOW or within a reasonable period.

• Ensure that any content, trademarks, images, or materials you provide to us do not infringe upon the intellectual property rights of any third party.

• Comply with all applicable laws and regulations related to your business and marketing activities, including industry-specific advertising rules (e.g., bar association rules governing attorney advertising).

You acknowledge that your failure to meet these responsibilities may delay delivery of Services and that Kaizen Growth shall not be liable for resulting delays or underperformance caused by your non-compliance.

Performance Guarantee

Kaizen Growth offers a performance guarantee (“10 Signed Clients in 10 Weeks or We Work for Free”) to qualifying clients. The following conditions apply to this guarantee:

• Eligibility is determined at Kaizen Growth’s sole discretion and is subject to the terms set out in your Service Agreement.

• The guarantee applies only where the client has fulfilled all obligations outlined in Section 3 and the applicable SOW, including timely approvals and access provisioning.

• “Work for free” means that Kaizen Growth will continue providing the agreed Services at no additional monthly retainer cost until the guaranteed outcome is achieved, subject to a maximum continuation period specified in the Service Agreement.

• The guarantee does not apply where underperformance is caused by factors outside Kaizen Growth’s reasonable control, including changes to advertising platforms, algorithm updates, or the client’s failure to follow up with leads provided.

• This guarantee does not constitute a warranty of specific results and does not override any limitation of liability set out in these Terms.

Fees and Payment

Fees for the Services are set out in your Service Agreement or SOW. Unless otherwise stated:

• All fees are quoted and payable in U.S. dollars (USD).

• Invoices are due within the timeframe specified in the Service Agreement (typically net 7 or net 15 days from invoice date).

• Late payments are subject to a late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is lower) on the outstanding balance.

• Kaizen Growth reserves the right to suspend or terminate Services if payment is not received within 10 business days of the due date after written notice.

• All fees are non-refundable unless expressly stated otherwise in your Service Agreement.

Ad spend paid directly to third-party platforms (e.g., Google, Meta) is separate from Kaizen Growth’s management fees and is your sole responsibility unless otherwise specified in the SOW.

Intellectual Property

6.1Our Property

Unless otherwise specified in a Service Agreement, all methodologies, processes, templates, frameworks, software tools, and proprietary systems used or developed by Kaizen Growth in delivering the Services remain the exclusive intellectual property of Kaizen Growth. Nothing in these Terms transfers ownership of our tools or processes to you.

6.2Work Product

Upon receipt of full payment, Kaizen Growth grants you a non-exclusive, perpetual license to use the deliverables created specifically for your engagement (e.g., ad copy, SEO content, campaign structures). Ownership of deliverables that constitute works made for hire (as defined under U.S. copyright law) will transfer to you upon full payment, unless the SOW specifies otherwise.

6.3Your Content

You retain ownership of all content, trademarks, logos, and materials you provide to Kaizen Growth. You grant us a limited license to use such materials solely for the purpose of delivering the Services during the engagement.

6.4Site Content

All content on the Site — including text, graphics, logos, and case studies — is the property of Kaizen Growth and is protected by U.S. copyright and trademark laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written consent.

Confidentiality

Both parties acknowledge that in the course of the engagement, each may receive access to confidential information of the other (“Confidential Information”), including business strategies, client data, campaign performance data, pricing, and proprietary processes.

Each party agrees to: (a) hold the other party’s Confidential Information in strict confidence; (b) use Confidential Information only to fulfill obligations under these Terms or a Service Agreement; and (c) not disclose Confidential Information to any third party without the disclosing party’s prior written consent, except as required by law.

These confidentiality obligations survive termination of the engagement for a period of three (3) years.

Term and Termination

The term of any engagement begins on the date specified in your Service Agreement. Either party may terminate the agreement as follows:

• For Convenience: Either party may terminate with written notice as specified in the Service Agreement (typically 30 days).

• For Cause: Either party may terminate immediately upon written notice if the other party materially breaches these Terms or the Service Agreement and fails to cure such breach within 10 business days of written notice.

• By Kaizen Growth: We may immediately suspend or terminate your access to the Services if you engage in prohibited conduct (Section 9), fail to pay fees, or if continuation would expose Kaizen Growth to legal or reputational risk.

Upon termination, you are responsible for fees owed for Services rendered up to the effective termination date. Kaizen Growth will provide reasonable transition assistance as agreed in writing.

Prohibited Conduct

When using our Site or Services, you agree not to:

• Use our Services for any illegal, fraudulent, or deceptive purpose.

• Misrepresent your identity, business, or authority to enter into agreements with Kaizen Growth.

• Interfere with the operation of our Site, including through the use of bots, scrapers, or automated tools.

• Attempt to gain unauthorized access to any portion of our systems or infrastructure.

• Use our Services to distribute spam, malware, or unsolicited marketing communications.

• Violate any applicable federal, state, or local laws or regulations.

Third-Party Platforms and Services

Our Services involve the use of third-party platforms including, but not limited to, Google LLC, Meta Platforms, Inc., and various CRM and marketing automation providers. You acknowledge that:

• Your use of such platforms is governed by the respective platform’s own terms of service and privacy policies.

• Kaizen Growth does not control third-party platforms and is not responsible for their availability, performance, policy changes, or enforcement decisions.

• Platform algorithm changes or policy updates may affect campaign performance, and such outcomes do not constitute a breach of our Service Agreement.

Disclaimers and Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KAIZEN GROWTH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that: (a) the Services will achieve any specific business outcome or revenue target (except as expressly stated in a performance guarantee); (b) the Site will be uninterrupted or error-free; or (c) any results from SEO or PPC campaigns will be maintained indefinitely.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KAIZEN GROWTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL KAIZEN GROWTH’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE TOTAL FEES PAID BY YOU TO KAIZEN GROWTH IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations may not apply.

Indemnification

You agree to indemnify, defend, and hold harmless Kaizen Growth and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with: (a) your breach of these Terms; (b) your violation of any applicable law; (c) any content or materials you provide to Kaizen Growth; or (d) your negligence or willful misconduct.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United States and the state in which Kaizen Growth is principally domiciled, without regard to conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be subject to good-faith negotiation between the parties for a period of 30 days. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), with proceedings conducted in English. The award of the arbitrator shall be final and binding.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm without waiving the right to arbitrate other claims.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we do, we will update the “Effective Date” at the top of this document. If we make material changes, we will make reasonable efforts to notify you (e.g., by email or a notice on our Site). Your continued use of our Site or Services after such changes constitutes your acceptance of the revised Terms.

Miscellaneous

• Entire Agreement: These Terms, together with any applicable Service Agreement and SOW, constitute the entire agreement between the parties with respect to the Services and supersede all prior understandings.

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

• Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control.

Contact Information

If you have any questions about these Terms, please contact us:

Kaizen Growth Marketing

Website: kaizengrowthmarketing.com

Contact Page: kaizengrowthmarketing.com/contact-us/

© 2026 Kaizen Growth Marketing. All rights reserved.

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