My Local Ads LLC

 

1. Introduction

Welcome to My Local Ads. By accessing or using our website or services, you agree to be bound by these terms and conditions (the "Terms"). Please read them carefully.

 

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, SIGN-UP FOR OUR SERVICES, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

 

2. Use of Platform

Platform may be referred to as CRM or access to digital marketing services herein, and vice versa.

 

2.1. Age Restrictions.

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.

 

2.2. Platform Account Ownership.

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

You can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.

2.3. Transfer Of White-Label CRM Accounts.

Transferring My Local Ads white-label CRM subaccounts, the user’s CRM account, away from My Local Ads’ agency account is not permissible without explicit prior written consent and approval from My Local Ads, not including any third parties. If the transfer of a sub-account is approved, My Local Ads reserves the right to alter the sub-account prior to transfer, and charge a ‘release fee’ to finalize the transfer of the sub-account. The release fee to transfer a CRM sub-account covers, but is not limited to, labor incurred by My Local Ads to transfer the subaccount, to manage the request, and to transfer intellectual property, which is set at $5,000 (USD), paid in full, prior to the transfer. My Local Ads reserves the right to reject the transfer of sub-accounts without further explanation.

2.4. Intended Use.

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to My Local Ads, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider

We take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.

 

2.5. Privacy.

By using the Platform and providing Information on or through the Platform, you consent to My Local Ads’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that My Local Ads has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by My Local Ads. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.

 

2.6. Login Credentials.

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify My Local Ads immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. My Local Ads reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in My Local Ads’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.

We are a platform provider ONLY. We don’t originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.

 

2.7. Use of Communication Services.

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods.  If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws.  My Local Ads is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws.  My Local Ads is a technology platform communication service application provider ONLY.  My Local Ads does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method.  You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.

Some features on our platform leverage third-party services. We are not in control of those third party services, so we’re not liable for problems that arise from them.

By the way, if you have been assigned phone numbers or email addresses to be used through our platform, we might have to release those phone numbers or emails if you pause or delete your account, and the phone numbers or addresses may no longer be available if you reactivate or unpause your account.

 

2.8. Third Party Services.

The Platform may leverage or include access to Third Party Services. My Local Ads is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and My Local Ads is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), My Local Ads reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. My Local Ads disclaims all liability related to outages or downtime of Third Party Services.

There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content.

 

2.9. Third Party Content.

The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of My Local Ads. My Local Ads is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights.

 

2.10. Customizations.

Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed.  My Local Ads may remove any of your modifications at any time without advance notice and without liability to you.

If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan.

 

2.11. Excessive Use Restrictions.

We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance.  We have no liability for the effect that your excessive data use may have on performance.  If, in My Local Ads’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if My Local Ads’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform.

 

2.12. Platform Updates.

My Local Ads reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on My Local Ads’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.

We don’t allow access to our platform by those located in embargoed countries. 

You are responsible for compliance with any local laws that might be applicable to your use of the platform.

 

2.13. International Use.

If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. My Local Ads makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.

 

2. 14. Additional Services.

We offer a range of digital marketing services, including:

Google Advertising: Managing, producing, and optimizing advertising campaigns on Google’s advertising platforms, such as Google Local Services, Google Ads, across any specified ad placements, including production of creative campaign assets if needed.

Google Business Profile Optimization: One-time optimization of the Google Business profile following industry best-practices.

Facebook (Meta) Advertising: Managing, producing, and optimizing advertising campaigns on Meta’s advertising platforms, including but not limited to Facebook, Facebook Messenger, and Instagram, across any specified ad placements, including production of creative campaign assets if needed.

We offer a range of software whitelabeling services, including:

(White-labeled) CRM Software: Offering customized (white-label) CRM software solutions under the My Local Ads brand.

We offer direct purchases of digital marketing materials, including:

E-Commerce Store: Direct sales of digital marketing materials, courses, and one-off digital marketing services such as audits and optimizations.

 

2. 15. Additional Provisions for Specific Services.

Digital Marketing & Advertising Services

Compliance with Platform Policies: When using services related to Google, Facebook, or any other third-party platform, you agree to comply with their respective terms of service and policies.

No Affiliation: My Local Ads is an independent service provider and is not affiliated with Google, Facebook, or any other third-party platform unless explicitly stated.

Contractual Commitment For Digital Marketing & Advertising Service

My Local Ads digital marketing services, including Meta/TikTok/Google Advertising services, require a 3-month minimum commitment, which can be paid in full, or with a monthly payment plan consisting of 3 payments (installments) over the period of 3 months. The user agrees to these terms by purchase of the service. Cancellations fees apply if My Local Ads’ digital marketing service is cancelled before the end-date of the 3-month commitment.

CRM Software

Licensing: When using our white-labeled CRM software, you agree to adhere to the licensing terms and restrictions provided at the time of service.

Third Party Services: The My Local Ads CRM platform and services may leverage or include access to Third Party Services. My Local Ads is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and My Local Ads is still incurring costs on your behalf related to

Third Party Services (such as the costs of securing a particular phone number on your behalf), My Local Ads reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. My Local Ads disclaims all liability related to outages or downtime of Third Party Services.

 

Users utilizing these services must comply with all applicable terms and policies of the respective platforms (Google, Facebook, etc.) and our additional guidelines and terms specific to these services. 

 

2. 16. Lead Definition & Quality.

For the purposes of this agreement, a "Lead" is defined as a prospective customer who has demonstrated interest in the client’s product or service through engagement with paid advertisements managed by My Local Ads. 

A Lead can be classified as any of the following across the specified advertising platforms:

1. Facebook & Instagram (Meta) Ads:

Form Submission: A user submits their contact information, such as name, email address, and phone number, through a Facebook Instant Form within a Lead Ad.

Call Only: A user clicks a "Call Now" button within the ad and completes a phone call to the client’s business.

2. Google Ads/Google Local Service Ads:

Form Submission: A user submits their contact information through a Google Lead Form Extension directly from a paid advertisement.

Call Only: A user clicks a Google Call Ad or uses the Call Extension within the ad and completes a call to the client’s business.

3. TikTok Ads:

Form Submission: A user submits their contact information through a TikTok in-app lead generation form.

Call Only: A user engages with a Call CTA within a TikTok ad and completes a phone call to the client’s business.

The above definitions reflect standard industry practices for lead generation and tracking. My Local Ads LLC is not responsible for the quality, accuracy of information, or sales conversion of leads beyond the defined lead capture process. All leads will be considered valid upon submission or completed call, as reported within the respective platform’s analytics dashboard.

 

3. Intellectual Property Rights

Website Content: All content on this website, including text, graphics, and logos, is our property or the property of our licensors and is protected by intellectual property laws.

User Content: By posting content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content.

Content And Creative Assets Produced By My Local Ads: All content produced by My Local Ads is available for use with a limited commercial license for the duration of the service provided. Upon cancellation of our digital marketing services, the user waives any licensing rights and ability to reuse, reproduce, or alter any of the content that was produced and provided by My Local Ads.

 

4. Service Specific Terms

We reserve the right to introduce additional terms and conditions specific to each of the services mentioned above. These will be communicated to you and will form a part of this agreement upon your acceptance of those specific services.

 

5. Content and Conduct

Content Standards: Content must not be illegal, obscene, threatening, or infringing on intellectual property rights.

Prohibited Activities: You may not use the website for any fraudulent or harmful purpose or to violate any laws.

 

6. Privacy Policy

Refer to our Privacy Policy for information on how we collect, use, and protect your data.

 

7. Limitation of Liability

General Limitation (Website): We do not guarantee the accuracy, completeness, or usefulness of any information on the site and hereby disclaim all liability for any damages resulting from your use of the website.

Scope of Limitation: This limitation of liability applies to all liabilities arising under these Terms, including but not limited to liabilities arising from the use of My Local Ads website, our services (including Google Advertising, Google Local Service Advertising, Google Business Profile Management, Facebook (Meta) Advertising, and CRM Software white-labeling), and any other interactions with My Local Ads.

Limitation on Damages: In no event shall the total liability of My Local Ads for all damages, losses, and causes of action related to the services provided by us, whether in contract, tort (including negligence), or otherwise, exceed the total amount equivalent to one month of billing for the services rendered to the specific user making the claim. This limitation of liability is cumulative and not per incident.

Exclusions: This limitation does not apply to any damage that cannot be limited or excluded by law.

 

8. Indemnification

You agree to indemnify and hold harmless My Local Ads and its employees, agents, and affiliates from any claims, damages, or expenses arising from your use of the site or your violation of these Terms.

 

9. Service Terms & Provisions

Additional Service Terms & Provisions 

$500 Google Ad Credit Match: To be eligible for My Local Ads' $500 free Google Ad Credit, the customer must spend a minimum of $500 in Google Ad Spend in a Google Ads account originated by My Local Ads. This offer is only available to first-time customers and it only applies to the Google Ads product.

Automatic Renewal Of Digital Marketing Services & Contractual Obligation: My Local Ads digital marketing services, including Meta/TikTok/Google Advertising services, and its commitment, renew automatically on a quarterly basis and are charged on the credit card on file with an automatic subscription payment.

CRM Trial: free CRM trials are permissible for 7-days before the user is billed automatically.

Payment Method: A valid credit card or debit card must be on file at all times with My Local Ads, Google's & Facebook’s Advertising products.

CRM Usage Rates For Calls/SMS/MMS/Emails: A minimum $10 credit balance is required to cover CRM SMS/MMS/Call/Email usage rates, which are non-refundable. This balance is charged automatically when the first phone call is received and is reapplied when the balance reaches $0.

 

Applied CRM Usage Rates:

Make Calls: $0.026/Min

Receive Calls: $0.017/Min

Text Messages: $0.015/SMS

Email: $0.0014/Email

Toll-Free (Tracking) Number: $4.30/Month

Local (Tracking) Number: $2.30/Month

Cost Per Lead & Lead Refunds

Cost Per Lead: The cost per lead varies by region and profession. Estimates can be requested but are not guaranteed.

Lead Disputes & Refunds: Only available for Google Local Service Ads as per Google's Terms of Service. Lead refunds are reapplied as Ad Credit by Google according to their terms. They are not paid out in cash or cash equivalents.

Billing Cycle: The My Local Ads service fee is billed every 30 days and service plans may be billed with separate billing cycles starting on the day of sign-up. My Local Ads does not control the billing cycle for 3rd party Advertising platforms.

 

10. Cancellation Policy

User Cancellations

Cancellation at Any Time: Users may cancel their service with My Local Ads at any time in (electronic) writing by submitting a request to support@mylocalads.co, or by using our cancellation request form inside the user’s CRM account. Cancellations must be provided in writing, and are not permissible over a phone call or private SMS, under any circumstances.

Support for Cancellation: For assistance with cancellation, users can visit the My Local Ads Support Portal (link to support portal can be found inside user’s CRM account), where step-by-step guidance and additional support are available on how to cancel your services.

Settlement For Early Termination Of Digital Marketing Services

My Local Ads users on the monthly payment plan for My Local Ads’ digital marketing services, including Meta/TikTok/Google Advertising services, that decide to cancel their digital marketing or advertising service within 60 days of the start of their billing cycle, are required to pay the remainder of the outstanding balance of the monthly payments to complete the full payment of the quarterly price of the service. The early termination settlement is a one-time, non-negotiable $1,000 USD discount deducted from the final outstanding invoice. The final invoice, after early termination of the service, has to be paid in full within 7 days after the cancellation has been made in writing to My Local Ads. Final invoice payments made after 7 calendar days of a requested cancellation incur a one-time, non-negotiable late payment fee of 10% of the final invoice total. Final invoice payments that are not received within 30 calendar days are automatically submitted to an independent 3rd party debt collector for collections and might incur additional late payment fees. Upon receipt of a written cancellation request, My Local Ads and the user agree to immediately cease all services, including the provision of all assets, tools, and resources associated with My Local Ads' digital marketing services. Additionally, any outstanding balances owed to advertising platforms (e.g., Meta, TikTok, Google) will remain the sole responsibility of the user. My Local Ads will not be held liable for any unpaid balances, associated with our digital marketing services, to any 3rd party, by the user.

10. 1 Effect of Cancellation

Upon cancellation, all recurring charges and services will be stopped from the next billing cycle. Recurring charges and services within an ongoing billing cycle, even after cancellation was requested, are not refundable under any circumstances. Any charges incurred before the cancellation are also not refundable under any circumstances as per our Refund Policy outlined in Section 11. Users are responsible for any charges or obligations incurred up to the end of their current billing cycle. Users that owe My Local Ads any outstanding balance will receive a final invoice to be paid after the service cancellation, in case of early termination or breach of contract.

11. Refund Policies

Refund Policy For Digital Marketing Services & Advertising: Refund requests for My Local Ads' monthly (on-going) digital marketing services are only permissible within 7 days after initial sign-up. Refunds requested outside of this 7-day period after the initial sign-up for the service are not permissible under any circumstances. Refunds are not permissible under any circumstances after a payment has been processed to renew the digital marketing service(s) quarterly commitment.

Refund Policy For CRM Software: Refund requests for CRM software fees are not permissible under any circumstances.

Refund Policy For E-Commerce Store Purchases: Refund requests for direct (e-commerce) store purchases of marketing materials and one-off digital marketing services, such as checklists and optimization services, are not refundable under any circumstances.

Non-Refundable Costs: CRM usage fees, Advertising budgets or Ad Spend are not refundable under any circumstances. My Local Ads service fees do not cover any Advertising Budget or Lead cost on behalf of the customer My Local Ads service fees also do not cover any CRM usage fees.

12. Modification of Terms

We reserve the right to modify these Terms at any time. All changes will be posted on this page.

13. Dispute Resolution

Governing Law: These Terms are governed by the laws of the State of Florida, United States.Jurisdiction: Any disputes or legal matters arising in connection with these Terms shall be resolved in the appropriate courts located in Florida. By using our website, you consent to the jurisdiction and venue of these courts in connection with any action, lawsuit, or proceeding arising out of or related to these Terms or the services provided by My Local Ads.

Dispute Resolution: Except as otherwise required by law, any disputes arising from these Terms will be resolved through final and binding arbitration, conducted in the State of Florida, under the rules of arbitration of the jurisdiction.

14. Termination

We may terminate or suspend your account and access to the website and our services if you breach these Terms. Upon termination, your right to use the website or our services will cease immediately.

15. Miscellaneous

Severability: If any part of these Terms is held to be invalid or unenforceable, the remaining parts will remain in full force and effect. Waiver: Any failure by us to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Contact Information

For any questions about these Terms, please contact us at support@mylocalads.co.