Effective Date: May 2, 2025 — These terms of service represent our complete legal agreement.
1. Acceptance of Terms — User Agreement
By accessing or using the ProMogic website (promogic.com) and our digital marketing, SEO, content removal services, AI automation, and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services. This user agreement constitutes a binding legal agreement between you and ProMogic.
We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Services after any changes constitutes acceptance of the new Terms.
2. Description of Services — Service Terms
ProMogic provides digital marketing services including but not limited to:
- Search Engine Optimization (SEO) Services (On-Page, Off-Page, Technical, Local, Ecommerce)
- Google Ads (PPC) Management
- Social Media Marketing
- WordPress Web Design and Development
- AI Automation (Chatbots, Phone Systems, CRM Automation)
- Content Removal Services (Reviews, Articles, Videos, Images) — covered under our content removal terms
- Reputation Management
- Consulting and Strategy Services
3. Client Responsibilities — Service Terms Compliance
As a client of ProMogic, you agree to:
- Provide accurate, complete, and current information required for the delivery of services.
- Cooperate with our team in a timely manner, including providing necessary access to accounts, platforms, and assets.
- Pay all fees associated with your selected services in accordance with the agreed payment terms.
- Comply with all applicable laws and regulations regarding your business and online presence.
- Not engage in any activity that violates the terms of service of third-party platforms (e.g., Google, Facebook).
4. Service Deliverables
ProMogic agrees to deliver services as outlined in the service agreement, proposal, or statement of work. Specific deliverables include:
- SEO Services: Optimized website content, keyword research, backlink building, and monthly performance reports.
- PPC Management: Campaign setup, ongoing optimization, and regular performance reporting.
- Content Removal: Attempts to remove harmful content on a no-win, no-fee basis where applicable — subject to our legal agreement for content removal services.
- AI Automation: Custom chatbot deployment, workflow automation, and integration services.
Timeframes for deliverables are estimates and subject to change based on client responsiveness and third-party actions.
5. Payment Terms
All fees for services are as outlined in your service agreement or proposal. Payment terms include:
- Setup Fees: One-time fees for initial setup are due upon agreement execution.
- Monthly Retainers: Monthly recurring fees are due on the first day of each billing cycle.
- Project-Based Fees: Fixed project fees are due as specified in the proposal.
- Late Payments: Accounts overdue by more than 15 days may incur a 10% late fee.
- Suspension: ProMogic reserves the right to suspend services for non-payment.
6. Content Removal Specific Terms — Content Removal Terms
For our content removal services, the following additional terms apply:
- No-Win, No-Fee Guarantee: For eligible content removal cases, you only pay if we successfully remove the content.
- Success Definition: "Success" means the target content is permanently removed from the specified platform or search engine.
- Timeframes: Removal timelines vary by platform and complexity; estimates are not guarantees.
- Non-Removable Content: If content cannot be removed, we may recommend SEO suppression strategies as an alternative.
- Refund Policy: Pre-paid removal fees are refundable only if we fail to remove content per the agreement.
7. Intellectual Property
All content, materials, and intellectual property provided by ProMogic remain our property. You retain ownership of your original content and materials. Upon full payment for services, you receive a non-exclusive, perpetual license to use any deliverables created specifically for your business.
You grant ProMogic permission to use your business name and logo in our marketing materials and portfolio, unless you explicitly opt out in writing.
8. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the course of the engagement. This includes business strategies, financial information, client data, and any materials marked as confidential. This obligation survives the termination of this agreement.
9. Limitation of Liability
To the maximum extent permitted by law, ProMogic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of our Services. Our total liability shall not exceed the total fees paid by you to ProMogic in the six months preceding the claim.
10. Disclaimer of Warranties
Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee specific results, rankings, or outcomes. SEO and digital marketing results can vary based on competition, algorithm changes, and other factors beyond our control.
11. Indemnification
You agree to indemnify and hold ProMogic harmless from any claims, damages, losses, or expenses arising from your violation of these Terms, your use of our Services, or your violation of any third-party rights.
12. Termination — Service Terms
Either party may terminate the service agreement with 30 days written notice. ProMogic reserves the right to terminate services immediately if you violate these Terms or fail to make timely payments. Upon termination, you remain responsible for any outstanding fees.
13. Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action arising from these Terms shall be brought exclusively in the courts of Miami-Dade County, Florida.
14. No-Win, No-Fee Guarantee (Content Removal) — Legal Agreement for Content Removal Services
Our no-win, no-fee guarantee applies only to specific content removal cases as explicitly stated in your agreement. This guarantee does not apply to SEO, PPC, or other marketing services. "Success" is defined as permanent removal of the targeted content from the specified platform. If we succeed, you pay the agreed fee; if we do not succeed, you pay nothing for that specific removal attempt — this is our binding legal agreement for content removal services.
15. Force Majeure
ProMogic shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of government, or internet service provider failures.
16. Severability
If any provision of these terms of service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Entire Agreement — User Agreement
These Terms, together with any service agreements, proposals, or statements of work, constitute the entire user agreement between you and ProMogic regarding our Services, superseding any prior agreements or understandings.
18. Contact Information — Questions About Terms of Service
If you have any questions about these terms of service or our legal agreement for content removal services, please contact us: