Terms of use.

Agreement to these terms

These terms of use govern your use of vitalupmarketing.com (the “site”), operated by VitalUP Marketing LLC (“VitalUP,” “we,” “us”). By using the site, you agree to these terms and to our privacy policy. If you do not agree, please do not use the site.

Our services and proposals

The site describes our marketing services. Any services we provide are governed by a separate proposal, statement of work or service agreement signed by you and VitalUP. If anything in that agreement conflicts with these terms, the agreement controls.

Pricing and plan terms

Prices on the site are in U.S. dollars and may change. The price in your signed proposal or agreement is the one that applies. Unless your agreement says otherwise, these plan terms apply:

• Billing. Monthly plans are billed in advance on the 1st of each month. One-time website builds are billed 50% upfront and 50% at launch.
• Website as a Service. $199/month with a minimum 12-month term. You keep your website once the 12-month term is complete. To leave earlier and keep your site, pay the remaining months of the term.
• Starter Website. A one-time build of up to 8 pages. Additional pages and work outside the agreed scope are billed at $75/hour.
• SEO plans. Month to month. Cancel with 30 days' notice.
• AI Visibility Package. $525/month with no long-term contract. Cancel with 30 days' notice.
• Maintenance plans. Month to month. Cancel with 30 days' notice. Included website edit hours reset each month and do not roll over. Hacked website repair is $99 per incident on Lite, $49 on Standard and included on Premium.
• Advertising spend. Ad spend is paid directly to the ad platforms, or reimbursed to us, and is separate from our management fees.

No guaranteed results

We work hard to grow your business, but search engines, AI platforms, ad platforms and social networks control their own rankings, algorithms and policies. We cannot guarantee specific rankings, traffic, leads, sales or other results. Examples of past results on the site are not a promise of future results.

Content and intellectual property

The site and its content, including text, graphics, logos and code, are owned by VitalUP or our licensors and protected by intellectual property laws. You may view and share pages for your own non-commercial use. You may not copy, modify or republish site content without our written permission. Ownership of work we create for clients is set out in each client's agreement.

Acceptable use

When using the site, you agree not to:

• Break any law or anyone else's rights.
• Submit false information or someone else's details through our forms.
• Try to gain unauthorized access to the site or interfere with how it works.
• Use bots, scrapers or other automated tools to collect content or contact information from the site without our permission.
• Upload or send malicious code, spam or unlawful content.

Third-party sites and tools

The site links to and uses third-party services, such as Calendly for scheduling and social media platforms, and to our publications MyDogLikes, MyCatLikes and Animal Bliss. Those services have their own terms and privacy policies, and we are not responsible for their content or practices.

Disclaimers

The site and its content are provided “as is” and “as available.” Information on the site, including blog posts and guides, is general marketing information, not legal, financial, medical or other professional advice. To the fullest extent allowed by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Limitation of liability

To the fullest extent allowed by law, VitalUP will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising from your use of the site. Our total liability for any claim relating to the site will not exceed one hundred U.S. dollars ($100). Liability for client services is governed by the client's agreement.

Indemnification

You agree to defend and hold VitalUP harmless from claims arising from your misuse of the site or your violation of these terms.

Governing law

These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Norfolk County, Massachusetts, and you consent to their jurisdiction.

Changes to these terms

We may update these terms from time to time. The “Last updated” date above shows when they last changed. Continuing to use the site after changes means you accept the updated terms.

Contact us

Questions about these terms? Email hello@vitalupmarketing.com, call (585) 831-7226 or write to VitalUP Marketing, 35 Highland Circle, Suite 301, Needham, MA 02494.