Terms of Service

Last updated: [DATE]

These Terms of Service (“Terms”) govern your access to and use of [WEBSITE URL] and any related pages, landing pages, forms, videos, and booking links operated by [LEGAL ENTITY NAME] (“VentiveMail”, “we”, “us”, “our”), together the “Site”.

By accessing the Site, submitting a form, booking a call, or otherwise interacting with us through the Site, you agree to these Terms. If you do not agree, do not use the Site.

1. Who we are

The Site is operated by [LEGAL ENTITY NAME], a [ENTITY TYPE, e.g. limited liability company] registered in [JURISDICTION], with a registered address at [REGISTERED ADDRESS].

Contact: [CONTACT EMAIL]

2. What this Site is

The Site is an informational and marketing website. Its purpose is to describe our email and SMS marketing services, present case studies, and allow prospective clients to apply for and book a consultation call.

No services are sold, purchased, or delivered through this Site. Nothing on this Site is an offer capable of acceptance, a binding quote, or a contract for services. Prices, deliverables, timelines, and guarantees described on the Site are illustrative summaries only.

3. Services are governed by a separate agreement

If we agree to work together, the relationship is governed exclusively by a separate written service agreement signed by both parties (the “Service Agreement”). The Service Agreement sets out the actual scope, fees, payment terms, timelines, revision policy, qualifying conditions, and remedies that apply to you.

Where anything on this Site conflicts with the Service Agreement, the Service Agreement controls. Marketing statements on this Site do not amend, expand, or override the Service Agreement, and are not incorporated into it.

4. Performance guarantee

Any performance or revenue guarantee referenced on this Site is subject in full to the terms, conditions, qualifying criteria, and measurement methodology set out in the signed Service Agreement. Those conditions include, without limitation:

a minimum qualifying traffic threshold, agreed and recorded in writing before work begins;
a defined measurement window that begins on the date the flows are live in your account;
revenue measured using the client’s Klaviyo account on Klaviyo’s default attribution setting (5-day open-or-click), as recorded in the client’s own account;
a documented performance baseline established before the build;
the client’s timely provision of platform access, brand assets, approvals, and feedback;
the client not materially altering, pausing, disabling, or overriding the installed flows during the measurement window.

The guarantee is not offered, and cannot be relied upon, on the basis of the Site alone. It exists only where it is expressly written into a signed Service Agreement, and only on the terms stated there.

5. Eligibility

You must be at least 18 years old and have authority to act on behalf of the business you represent. The Site is directed at business owners and operators. It is not directed at consumers acting outside their trade or profession, and it is not directed at children.

6. Applications, forms, and booked calls

When you submit an application form or book a call, you agree that:

the information you provide is accurate and complete to the best of your knowledge;
you have authority to share any business information you submit;
we may contact you by email, phone, and SMS in connection with your enquiry, in accordance with our Privacy Policy and any consents you give;
submitting an application does not oblige us to accept you as a client, and we may decline any application at our discretion;
we may cancel or reschedule a booked call, and repeated no-shows may result in us declining to reschedule.

7. Marketing communications

If you opt in to receive marketing emails or SMS from us, you can withdraw consent at any time. Email: use the unsubscribe link in any message. SMS: reply STOP. You may still receive transactional or service-related messages relating to an active enquiry or engagement. Message and data rates may apply for SMS.

8. Intellectual property

All content on the Site, including copy, video, graphics, layouts, case study materials, frameworks, process descriptions, and the VentiveMail name and logo, is owned by us or our licensors and is protected by intellectual property laws.

You may view and share the Site for your own evaluation purposes. You may not copy, reproduce, republish, scrape, resell, or create derivative works from Site content without our prior written permission.

Ownership of deliverables produced under a Service Agreement (such as installed flows, copy, and designs) is addressed in that agreement, not here.

9. Acceptable use

You agree not to:

use the Site for any unlawful, fraudulent, or harmful purpose;
submit false, misleading, or third-party information without authority;
attempt to gain unauthorised access to the Site, its servers, or connected systems;
introduce malware, run automated scraping, or place unreasonable load on the Site;
use the Site or our content to build, train, or benchmark a competing service without permission;
reverse engineer, copy, or repurpose our frameworks or process documentation for commercial use.

10. Third-party platforms and links

The Site references and may link to third-party platforms and tools, including but not limited to Klaviyo, Shopify, Meta, Google, and scheduling providers. We do not control these services, are not responsible for their content, availability, terms, or privacy practices, and inclusion of a link is not an endorsement.

We are not affiliated with, endorsed by, sponsored by, or officially connected to any third-party platform named on the Site unless expressly stated. All third-party names and marks belong to their respective owners and are used for identification only.

11. Case studies, results, and testimonials

Case studies, screenshots, figures, and testimonials on the Site describe outcomes achieved by specific clients under specific conditions. They are not typical, not average, and not a prediction or guarantee of your results.

Please read our Disclaimer page, which forms part of these Terms.

12. Disclaimer of warranties

The Site is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability.

We do not warrant that the Site will be error-free, that content is current, or that any outcome described on the Site will be achieved by you.

Nothing on the Site constitutes legal, tax, accounting, financial, or investment advice.

13. Limitation of liability

To the fullest extent permitted by law:

we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or relating to your use of the Site;
our total aggregate liability arising out of or relating to the Site is limited to [CURRENCY AND AMOUNT, e.g. USD 100];
liability arising from a client engagement is governed and capped by the Service Agreement, not by this section.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence.

14. Indemnity

You agree to indemnify and hold harmless [LEGAL ENTITY NAME], its officers, employees, and contractors from any claims, losses, liabilities, and reasonable legal costs arising from your breach of these Terms, your misuse of the Site, or information you submit that you were not authorised to share.

15. Privacy

Your use of the Site is also governed by our Privacy Policy, which explains what personal data we collect, why, and what rights you have.

16. Changes to these Terms

We may update these Terms at any time. The updated version takes effect when posted, and the “Last updated” date will change. Continued use of the Site after an update means you accept the revised Terms. Changes do not retroactively alter a signed Service Agreement.

17. Suspension and termination

We may restrict or terminate your access to the Site at any time, without notice, if we reasonably believe you have breached these Terms.

18. Governing law and disputes

These Terms are governed by the laws of [GOVERNING JURISDICTION], without regard to conflict of law rules. The courts of [VENUE] have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Site, and you consent to that jurisdiction.

[OPTIONAL, ONLY IF YOUR LAWYER ADVISES IT: Any dispute shall be resolved by binding arbitration administered by [ARBITRATION BODY] under its rules, on an individual basis. Class actions and class arbitrations are waived.]

19. General

Severability. If any provision is held unenforceable, the rest remains in effect.

No waiver. Failure to enforce a provision is not a waiver of it.

Assignment. You may not assign your rights under these Terms. We may assign ours in connection with a merger, acquisition, or sale of assets.

Entire agreement. These Terms, together with the Privacy Policy and Disclaimer, are the entire agreement between you and us regarding the Site.

No agency. Nothing here creates a partnership, joint venture, employment, or agency relationship.

20. Contact

[LEGAL ENTITY NAME]

[REGISTERED ADDRESS]

[CONTACT EMAIL]