Terms of Service

Effective Date: April 7, 2026

Welcome to Open Sign Marketing, operated by TMOV Ventures LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our digital marketing services, including any related communications, materials, and deliverables (collectively, the "Services").

By engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not engage our Services.

1. Eligibility

To engage our Services, you must:

  • Be at least 18 years of age
  • Have the legal authority to enter into a binding agreement on behalf of yourself or your organization
  • Provide accurate and complete information during engagement

2. Description of Services

Open Sign Marketing provides digital marketing services for local businesses, including website design and hosting, website maintenance, local SEO, Google Business Profile management, CRM setup and management, lead capture and follow-up automation, email marketing, paid advertising management, workflow automation, and related strategic consulting. Specific scope, deliverables, and terms of engagement are defined in your chosen pricing tier and any supplemental service agreement or statement of work ("SOW").

3. Engagement and Payment

Service Agreements: All engagements are governed by the pricing tier you select and, where applicable, a separate service agreement or SOW that outlines specific scope, fees, timeline, and deliverables. These Terms supplement and are incorporated into all such agreements.

Initial Term: Each monthly retainer plan carries an initial term that begins on the first day of service delivery: six (6) months for Starter, and twelve (12) months for Growth and Scale. At the end of the initial term, the engagement automatically renews for an additional term of the same length unless either party provides written notice of non-renewal before the renewal date, or unless terminated in accordance with Section 8.

Onboarding Fee: A one-time onboarding fee applies to each tier and is due before work begins. Onboarding fees cover initial setup (website build, account configuration, CRM or ad platform setup, etc.) and are non-refundable once work has commenced.

Monthly Fees and Payment: Monthly retainer fees are specified in your chosen pricing tier. Unless otherwise stated:

  • Monthly invoices are billed in advance and due within 15 days of receipt
  • Late payments may incur a 1.5% monthly interest charge
  • We reserve the right to pause Services for overdue accounts

Ad Spend: Advertising spend (e.g., Google Ads, Meta Ads) is separate from our management retainer and is always paid directly by you to the advertising platform. We do not bill or mark up ad spend.

Expenses: Pre-approved out-of-pocket expenses incurred in connection with Services (e.g., stock imagery licenses, premium plugins, domain registrations) will be billed at cost with documentation.

4. Client Responsibilities

To enable effective service delivery, you agree to:

  • Provide timely access to necessary information, accounts, assets, and systems (e.g., domain registrar, Google Business Profile, ad accounts, analytics, existing CRM)
  • Respond to communications and requests within reasonable timeframes
  • Make decisions and provide approvals necessary for project progress
  • Designate an authorized point of contact for the engagement
  • Fund your own advertising accounts directly and maintain payment methods with the advertising platforms
  • Comply with all applicable laws and regulations in your business operations
  • Ensure any content, claims, offers, and marketing materials you provide are truthful, accurate, and compliant with applicable laws

5. User Conduct

When using our website or Services, you agree not to:

  • Share login credentials or account access with unauthorized parties
  • Engage in any unlawful, fraudulent, or harmful behavior
  • Use our content or materials for commercial purposes without authorization
  • Use automated systems, bots, or scripts to access our website or Services
  • Attempt to interfere with or disrupt the integrity of our systems
  • Misrepresent your identity or affiliation with any person or organization

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary or sensitive information disclosed during the engagement ("Confidential Information"). This includes, but is not limited to, business strategies, financial information, customer lists, technical data, and trade secrets.

Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law or with explicit consent from the disclosing party. This obligation survives the termination of the engagement for a period of three (3) years.

7. Intellectual Property

Company IP: All methodologies, frameworks, tools, templates, codebases, and pre-existing intellectual property used or developed by Open Sign Marketing remain our exclusive property. You may not copy, reproduce, modify, upload, republish, post, transmit, translate, sell, or create derivative works from our content without explicit written permission.

AI/ML Restriction: You are strictly prohibited from using any of our content, materials, methodologies, or deliverables for the purpose of training, developing, or improving any machine learning model, large language model, or artificial intelligence system without our prior written consent.

Client IP: You retain ownership of your pre-existing intellectual property and all materials you provide to us (brand assets, content, customer data, existing website content).

Work Product: Unless otherwise specified in a service agreement, deliverables created specifically for you during the engagement ("Work Product"), including custom website content, copy, graphics, and campaign creative, become your property upon full payment. Hosting, CRM, ad platform, and analytics accounts created for your business are owned by you. We retain the right to use general knowledge, skills, and experience gained during the engagement.

Portfolio Rights: We reserve the right to reference your business and display work product in our portfolio, case studies, and marketing materials unless you request otherwise in writing.

8. Termination

Initial Term: The initial term defined in Section 3 (six months for Starter, twelve months for Growth and Scale) is non-cancellable except in cases of material breach. Early termination during the initial term requires payment of remaining fees through the end of that term.

By Client: To prevent automatic renewal, you may provide written notice of non-renewal at least thirty (30) days before the end of the current term. You remain responsible for fees incurred through the end of that term.

By Company: We may terminate the engagement with 30 days written notice, or immediately without notice if you breach these Terms, fail to make timely payments, or violate our user conduct guidelines.

Suspension: We reserve the right to suspend or restrict your access to our website and Services without notice for any reason, including suspected violations of these Terms or overdue payments.

Effect of Termination: Upon termination, we will deliver any completed Work Product, transfer ownership of accounts created on your behalf where possible, and return your Confidential Information. Provisions regarding confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination.

9. Disclaimers

Our Services are provided for strategic, operational, and marketing support purposes. Our Services are not a substitute for professional legal, financial, accounting, or other licensed professional advice. You should consult with qualified professionals for matters requiring licensed expertise.

We do not guarantee specific business outcomes, rankings, traffic levels, lead volumes, conversion rates, or revenue increases. Marketing results depend on many factors beyond our control, including your implementation, budget, market conditions, competition, product quality, and business decisions. Past performance of other clients does not guarantee similar results.

THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN SIGN MARKETING SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM. AD SPEND PAID DIRECTLY TO ADVERTISING PLATFORMS IS EXCLUDED FROM THIS CALCULATION.

11. Indemnification

You agree to indemnify and hold harmless Open Sign Marketing and its principals, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your breach of these Terms
  • Your use of the Services or Work Product
  • Content, claims, or offers you provide or authorize for use in marketing campaigns
  • Your violation of any applicable laws or regulations
  • Any third-party claims related to your business operations

12. Dispute Resolution

Informal Resolution: Before initiating formal proceedings, both parties agree to attempt resolution through good-faith negotiation for a period of 30 days.

Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Georgia, USA.

Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions or class-wide arbitration.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to conflict of law principles.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or posted on our website. Continued engagement with our Services after changes constitutes acceptance of the updated Terms.

15. General Provisions

Entire Agreement: These Terms, together with your chosen pricing tier and any service agreement or SOW, constitute the entire agreement between the parties regarding the Services.

Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.

Waiver: Failure to enforce any provision does not constitute a waiver of future enforcement.

Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights to a successor or affiliate.

Independent Contractor: Open Sign Marketing operates as an independent contractor, not as an employee, partner, or agent of your organization.

16. Contact Information

For questions about these Terms or our Services:

Open Sign Marketing
Email: legal@opensignmarketing.com
Website: opensignmarketing.com/contact