U.S. WEBSITE AND CLIENT SERVICES TERMS
Effective date: August 31, 2026
Last updated: August 31, 2026
TORTH Marketing | TORTH ENTERPRISE LLC · Denver, CO
These Terms of Service (“Terms”) form a binding agreement between you and TORTH ENTERPRISE LLC, which operates the TORTH Marketing brand (“TORTH Marketing,” “we,” “us,” or “our”). They govern your use of torthent.com and your purchase or receipt of TORTH Marketing services.
Please read these Terms before using the website, requesting services, accepting a proposal, paying an invoice, or giving us access to an account. If you do not agree, do not use the website or services.
You accept these Terms when you use the website, submit a service request, approve a proposal or statement of work, sign an agreement, pay an invoice, or allow work to begin. If you act for a company or another person, you state that you have authority to bind that party. “Client” means the person or entity that purchases or receives services.
You must be at least 18 years old and legally able to enter a contract. The website and services are intended mainly for business use.
A client engagement may include these Terms and one or more of the following:
If documents conflict, a signed master services agreement controls first, followed by a signed data processing addendum for privacy matters, then the applicable statement of work or proposal, then these Terms, unless the controlling document says otherwise.
TORTH Marketing may provide the following services under an approved scope:
The exact deliverables, schedule, responsibilities, fees, usage rights, and limits are stated in the applicable proposal or statement of work. We may decline work that is outside our skills, conflicts with law or platform rules, creates an unreasonable security risk, or could harm TORTH Marketing or another party.
A proposal or quote is valid only for the period stated in it. If no period is stated, it expires 30 days after issue. Work begins after the required approval, payment, access, information, and onboarding steps are complete.
Requests outside the approved scope may require a change order, revised fee, new deadline, or separate statement of work. Examples include extra pages, campaigns, platforms, products, audiences, revisions, meetings, migrations, connections, research, or technical work not listed in the original scope. We will not be responsible for a delay caused by an unapproved change or missing client input.
The Client will:
A delay in Client responsibilities extends affected deadlines and may require rescheduling. We may rely on instructions from the Client’s authorized contact.
The Client must review deliverables for factual accuracy, legal compliance, brand fit, pricing, product claims, technical accuracy, accessibility, and platform requirements before publication or use. Approval may be given by email, project system, platform action, payment milestone, publication instruction, or other written confirmation.
Unless the applicable scope gives a different period, the Client has five business days after delivery to report a material failure to meet the approved scope. The deliverable is accepted after that period if no specific written notice is received. Minor preferences, new ideas, or changed business requirements are not material defects. Approved or published work is accepted.
Fees and payment dates are stated in the proposal, statement of work, invoice, or order form. Unless stated otherwise, recurring service fees are billed in advance and project milestones are due before the next phase begins. Retainers reserve capacity and are applied as described in the applicable service document.
The Client authorizes us and our payment provider to charge the approved payment method for amounts due. The Client must pay valid invoices by the stated due date and raise a good-faith billing dispute before that date. Past-due amounts may accrue a late charge of 1.5% per month or the highest lawful rate, whichever is lower. We may suspend work, hosting, publishing, access, or delivery after notice of nonpayment.
Fees do not include sales, use, excise, value-added, withholding, or similar taxes unless the invoice states otherwise. The Client is responsible for taxes connected with the purchase, except taxes based on our net income. The Client is also responsible for reasonable collection costs on undisputed overdue amounts.
Either party may terminate an engagement as stated in the applicable contract. If no termination rule is stated, either party may end an ongoing month-to-month service with 30 days’ written notice. We may suspend or terminate sooner for material breach, nonpayment, unlawful activity, security risk, abusive conduct, platform violations, or conduct that could harm us, a client, a provider, or the public.
The Client must pay for work performed, approved commitments, reserved time that cannot reasonably be reassigned, and noncancelable third-party costs through the termination date. Deposits, completed milestones, setup work, and recurring fees for a billing period that has begun are nonrefundable unless the applicable contract or law states otherwise. If we terminate without cause before earning a prepaid amount, we will return the unearned portion after deducting approved costs and work performed.
Sections concerning payment, ownership, confidentiality, disclaimers, indemnity, liability, disputes, and any terms that should reasonably continue will survive termination.
Our work may depend on third-party services, including Google, Meta, TikTok, Shopify, WooCommerce-related providers, WordPress, hosting companies, domain registrars, email platforms, analytics tools, plugins, software, stock-asset libraries, and payment processors. Their terms, pricing, availability, review decisions, account restrictions, algorithms, and policies are outside our control.
The Client is responsible for reviewing and accepting required third-party terms and for keeping third-party accounts in good standing. We are not responsible for a suspension, rejection, outage, data loss, fee increase, policy change, algorithm change, or other act or omission of a third party. We may recommend a replacement or revised plan, but extra work may require a new fee.
The Client remains the owner and operator of their social accounts. We may draft, schedule, publish, moderate, report, or respond only within the approved scope. The Client is responsible for final claims, community rules, contest terms, promotions, regulated statements, permissions, and timely approvals. Platform reach, follower growth, engagement, and account status are not guaranteed.
The Client is responsible for having a lawful basis and any required consent for every contact, list, segment, or message. The Client must maintain accurate sender information, a valid physical postal address, unsubscribe controls, consent records, and suppression lists. Purchased, scraped, or improperly obtained lists may be rejected. The Client must comply with the CAN-SPAM Act, applicable state law, platform rules, and any law that applies to recipients. Deliverability, inbox placement, open rates, clicks, and revenue are not guaranteed.
Technical documents depend on the source information, product behavior, subject-matter access, and testing environment supplied by the Client. The Client must review technical accuracy, safety instructions, security statements, regulatory content, and version-specific details before use. Unless expressly stated in a signed scope, our work is not engineering certification, legal advice, security assurance, medical advice, or regulatory approval.
The Client must support objective product, performance, health, financial, pricing, comparison, savings, testimonial, and results claims with reliable evidence before publication. We may ask for substantiation, disclosures, or changes. Copy is creative and strategic work, but no conversion rate, sales volume, customer response, or legal outcome is guaranteed.
Unless the scope says otherwise, we build or manage the funnel and related marketing systems while the Client remains responsible for sales calls, fulfillment, product or service quality, refunds, customer support, privacy notices, consent language, and lead follow-up. The Client must comply with email, text, telephone, advertising, privacy, and consumer-protection laws. Lead volume, lead quality, appointments, close rates, and revenue are not guaranteed.
Strategies, forecasts, positioning, channel plans, budgets, and recommendations are based on the information available when prepared. Markets, costs, competitors, platforms, and customer behavior can change. The Client controls business decisions and is responsible for testing, legal review, pricing, inventory, operations, and execution.
The Client is responsible for product legality, descriptions, specifications, ingredients or materials, warnings, pricing, discounts, taxes, shipping, returns, inventory, images, reviews, accessibility, and consumer disclosures. We do not guarantee marketplace approval, search position, store uptime, payment acceptance, sales, or conversion. Platform and app fees are separate unless the scope includes them.
Search engines, answer engines, and generative systems control crawling, indexing, rankings, citations, summaries, and visibility. We do not guarantee a ranking, traffic level, featured answer, AI citation, lead volume, or revenue. Results may change after algorithm updates, competitor action, website changes, technical problems, or platform decisions. The Client must approve material site changes and maintain any access, content, development, or authority-building work assigned to them.
The Client owns or controls the advertising account whenever practical and funds ad spend directly unless the scope states otherwise. Management fees do not include ad spend. The Client is responsible for the offer, product, landing page, claims, disclosures, consent, fulfillment, refunds, and legal compliance. Platforms control ad review, delivery, auctions, attribution, tracking, account limits, and suspensions. We do not guarantee approval, cost per result, return on ad spend, profit, lead quality, or sales.
The Client must supply or approve content, assets, domain access, legal pages, product information, and required third-party accounts. Domains, premium themes, plugins, apps, email services, stock assets, and outside licenses are separate unless listed in the scope. Hosting may be suspended for nonpayment, malware, abuse, illegal content, excessive resource use, or security risk. We may perform maintenance and backups, but no hosting service can promise uninterrupted availability or recovery of every item. The Client should keep independent copies of critical data and content.
“Client Materials” means information, data, copy, trademarks, images, video, audio, products, software, credentials, claims, instructions, and other items the Client supplies or directs us to use. The Client states that they have the rights and permissions needed for all Client Materials and that our approved use will not violate law, privacy, publicity, intellectual-property, confidentiality, contract, or platform rights.
The Client may not use the website or services to:
The Client keeps ownership of Client Materials. The Client grants us a limited, nonexclusive license to host, copy, edit, adapt, transmit, and use those materials only as needed to perform the services, comply with instructions, maintain records, and exercise our rights under the agreement.
After full payment, the Client receives the ownership or license rights stated in the applicable proposal or statement of work. If the scope does not address ownership, the Client owns custom final text, graphics, and code created solely for the Client and delivered as a final approved deliverable, excluding TORTH Materials and third-party materials.
We keep ownership of our pre-existing and reusable materials, including methods, templates, frameworks, prompts, checklists, tools, scripts, code libraries, design systems, processes, research methods, know-how, working files, drafts, rejected concepts, and general skills (“TORTH Materials”). If TORTH Materials are embedded in a paid final deliverable, we grant the Client a nonexclusive, perpetual license to use them as part of that deliverable for the Client’s business. The Client may not extract, resell, sublicense, or distribute TORTH Materials as a standalone product unless we agree in writing.
Stock content, fonts, software, plugins, themes, platform components, open-source code, data, and other third-party materials remain subject to their own licenses. The Client is responsible for renewals and continuing license fees after handoff unless the scope states otherwise.
After work becomes public, we may identify the Client and display nonconfidential final work in our portfolio, case studies, proposals, award entries, and social channels. We will not disclose confidential performance data or unpublished materials without permission. The Client may request a written portfolio restriction before publication, and an agreed confidentiality term will control.
Each party may receive nonpublic business, technical, financial, customer, marketing, or security information from the other. The receiving party will use confidential information only for the engagement, protect it with reasonable care, and disclose it only to people and providers that need it and are bound by suitable duties.
Confidential information does not include information that the receiving party can show was already lawfully known without restriction, becomes public without breach, is received lawfully from another source, or is developed independently. A party may disclose information when law requires it, after giving notice when legally allowed.
