Terms of Service

01Agreement to These Terms

These Terms of Service (the "Terms") constitute a binding agreement between you and ConvertaRise ("ConvertaRise," "we," "us," or "our") and apply to your use of our website, materials, and the analytics and advisory services that we make available (collectively, the "Services"). By visiting our website, requesting a proposal, or otherwise engaging with us, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case references to "you" refer to that entity. If you do not agree with any part of these Terms, you should not access our website or use the Services.

Specific engagements may be governed by a separate written proposal, statement of work, or services agreement signed by both parties (an "Engagement Document"). Where an Engagement Document conflicts with these Terms, the Engagement Document controls for that engagement to the extent of the conflict.

02About Us and Scope of Services

ConvertaRise provides digital performance analytics and marketing support services. Our work includes conversion flow analysis, audience response optimization support, the preparation of campaign performance reporting materials, and guidance on the structure of digital communication funnels for online platforms.

All Services are advisory and analytics-focused in nature. To avoid any ambiguity, the Services expressly do not include the following:

• paid advertising management or campaign execution on any advertising platform;
• media buying, placement, or the negotiation of advertising inventory;
• affiliate marketing programs or the management of affiliate relationships;
• handling, custody, disbursement, or direct management of client advertising budgets or funds.

We deliver analysis, recommendations, structured documentation, and supporting materials. Any decision to act on our recommendations, to implement changes, or to allocate spend remains entirely with you. We do not act as your agent and do not assume operational control of your accounts, platforms, or budgets.

03Eligibility and Authority

The Services are intended for businesses and professional users. By engaging us, you confirm that you are at least eighteen years of age, that the information you provide is accurate and complete, and that you have the legal authority to enter into these Terms. You are responsible for ensuring that your use of the Services complies with all laws and regulations that apply to you and to your industry.

04Engagements, Proposals and Deliverables

Inquiries submitted through our website or other channels are invitations for us to prepare a proposal and do not, by themselves, create a binding engagement. An engagement begins only when both parties agree, in writing, to a proposal or Engagement Document describing the scope, deliverables, timeline, and fees.

Unless an Engagement Document states otherwise, our deliverables are prepared for your internal use in connection with the specific matter for which they were commissioned. Deliverables reflect our professional analysis based on the information available to us and the conditions in effect at the time of preparation. They are not intended to be relied upon for any other purpose, and circumstances, platforms, and audience behavior may change after delivery.

We may engage qualified subcontractors or specialists to assist in performing the Services. We remain responsible for the Services delivered under an Engagement Document, subject to the limitations set out in these Terms.

05Client Responsibilities and Provided Materials

The quality and usefulness of our analysis depend on the accuracy, completeness, and timeliness of the information you provide. You agree to cooperate with us and to supply the data, access, context, and approvals that we reasonably require to perform the Services.

• You are responsible for the accuracy and lawfulness of all data, content, and materials you provide to us.
• You confirm that you have the rights and permissions necessary to share any data or materials with us and to allow us to use them for the purposes of the engagement.
• You are responsible for maintaining your own backups of any materials you provide.
• You will designate a contact who is authorized to give directions, approve deliverables, and respond to requests on your behalf.

Delays or inaccuracies in the materials you provide may affect our timelines and the conclusions we are able to reach, and we are not responsible for outcomes attributable to incomplete or inaccurate inputs.

06Fees, Invoicing and Payment

Fees for the Services are set out in the applicable Engagement Document. Any pricing shown on our website is indicative, represents a starting point, and may vary based on the scope, complexity, and duration of a given engagement. Unless stated otherwise, fees are quoted in United States dollars and are exclusive of applicable taxes, which are your responsibility.

Invoices are payable according to the schedule described in the Engagement Document. We may suspend Services on reasonable notice if undisputed amounts remain unpaid beyond their due date. Except where required by law or expressly stated in an Engagement Document, fees paid are non-refundable once the corresponding work has been performed.

07No Guarantee of Results

The Services are analytical and advisory. While we apply professional care and diligence, we do not warrant or guarantee any particular result, performance level, conversion rate, revenue figure, ranking, audience growth, or business outcome. Performance depends on many factors beyond our control, including your implementation choices, market conditions, competition, platform behavior, and the actions of third parties.

Any examples, projections, benchmarks, or illustrative figures we share are provided for context only and are not promises of future performance. You acknowledge that you are responsible for evaluating our recommendations and for deciding whether and how to act on them.

08Intellectual Property

All content on our website, including text, graphics, illustrations, animations, layouts, and the underlying design and code, together with our methodologies, frameworks, templates, and know-how, is owned by ConvertaRise or its licensors and is protected by intellectual property laws. Nothing in these Terms transfers ownership of our pre-existing or background intellectual property to you.

Subject to full payment of the applicable fees, and unless an Engagement Document states otherwise, you receive a non-exclusive, non-transferable license to use the deliverables we prepare for you for your internal business purposes in connection with the relevant matter. We retain the right to use the general skills, concepts, techniques, and experience gained in performing the Services. You may not copy, resell, sublicense, or redistribute our materials, methodologies, or deliverables except as expressly permitted.

09Confidentiality

Each party may receive information from the other that is marked or reasonably understood to be confidential. The receiving party will use such confidential information only to perform its obligations under the engagement, will protect it with at least the same care it uses for its own confidential information, and will not disclose it to third parties except to those who need to know it and are bound by similar obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, is independently developed, or is rightfully obtained from a third party. A party may disclose confidential information where required by law, provided that, where lawful, it gives reasonable notice so the other party may seek protective treatment.

10Third-Party Platforms and Data Sources

Our analysis may rely on data drawn from third-party platforms, analytics tools, and external sources. We do not control these platforms and are not responsible for their availability, accuracy, policies, or changes. Your use of any third-party platform is governed by that platform's own terms, and you are responsible for complying with them. We are not liable for limitations, errors, or disruptions arising from third-party services or data sources.

11Acceptable Use

You agree to use our website and the Services lawfully and in good faith. You will not misuse our website, attempt to gain unauthorized access to our systems, interfere with their operation, introduce malicious code, scrape or harvest content without permission, or use the Services to infringe the rights of others or to engage in deceptive, unlawful, or harmful activity. We may restrict or suspend access if we reasonably believe these Terms have been violated.

12Disclaimers of Warranties

To the fullest extent permitted by law, our website, materials, and Services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that our website will be uninterrupted, error-free, or secure, or that any defects will be corrected.

13Limitation of Liability

To the fullest extent permitted by law, ConvertaRise and its owners, personnel, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the total fees actually paid by you to ConvertaRise for the specific engagement giving rise to the claim during the three-month period immediately preceding the event that gave rise to the liability. These limitations form an essential basis of the agreement between us.

14Indemnification

You agree to indemnify, defend, and hold harmless ConvertaRise and its owners, personnel, and contractors from and against any claims, damages, liabilities, losses, and reasonable expenses (including reasonable legal fees) arising out of or related to your breach of these Terms, your misuse of the Services, your violation of any law, or your infringement of the rights of any third party, including claims arising from the data and materials you provide to us.

15Term and Termination

These Terms apply while you access our website or receive Services. Either party may terminate an engagement as described in the applicable Engagement Document. We may suspend or terminate your access to our website at any time if we reasonably believe you have violated these Terms or that suspension is necessary to protect our website, our users, or our business.

Upon termination, you remain responsible for fees for work performed up to the effective date of termination. Provisions that by their nature should survive termination, including those concerning intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law, will continue to apply.

16Changes to the Services or These Terms

We may modify, suspend, or discontinue any part of our website or the Services at any time. We may also update these Terms from time to time to reflect changes in our practices, technology, or legal requirements. When we make changes, we will post the revised Terms on this page. Your continued use of our website or the Services after changes take effect constitutes your acceptance of the revised Terms.

17Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or to the Services are governed by the laws of the State of Colorado, United States, without regard to its conflict-of-law principles. The parties agree that the state and federal courts located in Colorado will have jurisdiction over any dispute, and each party consents to the personal jurisdiction of those courts, except where a different forum is required by applicable law.

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct, informal discussion. Nothing in this section prevents either party from seeking injunctive or equitable relief where appropriate to protect its rights.

18Severability, Waiver and Entire Agreement

If any provision of these Terms is found to be unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

These Terms, together with any applicable Engagement Document and any policies referenced here, constitute the entire agreement between you and ConvertaRise regarding the Services and supersede all prior understandings on that subject.