Effective Date: July 27, 2025
Last Updated: July 27, 2025

1. Introduction

These Terms of Service ("Terms") govern your use of the website goalpha.ai (the "Website") and the services provided by Alpha Digital Media Group, LLC ("Company," "we," "our," or "us"). By accessing our Website or using our services, you ("Client," "you," or "your") agree to be bound by these Terms.

Contact Information:

• Company: Alpha Digital Media Group, LLC
• Address: Miami, FL 33166, USA
• Email: support@goalpha.ai

2. Services Description

Alpha Digital Media Group, LLC provides online marketing services to real estate agents and independent service providers, including but not limited to:

• Lead generation campaigns
• Advertising management (paid ads on various platforms)
• On-page and off-page search engine optimization (SEO)
• Lead qualification and scoring
• Appointment setting services
• Lead nurturing and follow-up campaigns
• Related digital marketing consultation and strategy

3. Acceptance of Terms

By using our Website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our services.

4. Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our services. By using our services, you represent and warrant that you meet these requirements.

5. Account Registration and Security

5.1 Account Creation

To access certain services, you may need to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

5.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

6. Service Agreement and Scope

6.1 Service Specifications

The specific services to be provided, timelines, deliverables, and pricing will be outlined in separate service agreements, proposals, or statements of work that incorporate these Terms by reference.

6.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to clients.

6.3 Performance Standards

While we strive to deliver high-quality services, marketing results can vary based on numerous factors including market conditions, competition, client industry, and client cooperation. We do not guarantee specific results, leads, sales, or return on investment.

7. Client Responsibilities

7.1 Required Documentation and Cooperation

You agree to:

• Provide all required documentation and materials within 48 hours of our request
• Supply necessary content, materials, and business information
• Respond promptly to requests for feedback or approvals
• Comply with all applicable laws and regulations
• Ensure you have necessary rights to any materials you provide
• Attend all scheduled consultations and appointments we book on your behalf

7.2 Account Access and Management

For advertising management and lead generation services, you must:

• Grant us administrative access to your advertising accounts (Google Ads, Facebook Ads, etc.)
• Provide access to your Facebook business pages and related assets
• Maintain necessary access permissions throughout the service period
• Not modify, interfere with, or change any campaign settings, configurations, or account structures without our prior written approval

7.3 Advertising Budget Requirements

For lead generation services, you must:

• Maintain the agreed-upon daily advertising spend as specified in your service agreement
• Ensure sufficient funds are available in your advertising accounts
• Not reduce or modify advertising budgets without our written consent

7.4 Lead Management Responsibilities

You agree to:

• Attend all qualified consultations and appointments we schedule
• Respond professionally to all leads we generate
• Follow our recommended lead handling procedures
• Provide feedback on lead quality and appointment outcomes when requested

8. Payment Terms

8.1 Service Plans and Pricing

We offer various service options including:

• Monthly subscription plans
• One-time project payments for specific scope work
• Custom pricing based on project requirements
• All pricing is as specified in your service agreement

8.2 Fees and Billing

Unless otherwise stated:

• Payments are due in advance
• All fees are non-refundable (except as provided in our Performance Guarantee)
• Late payments may incur additional charges
• We reserve the right to suspend services for overdue accounts

8.3 Performance Guarantee - Design Consultation Commitment

For eligible clients who purchase our lead generation services, we guarantee 10 listings within the first 90 days of service commencement. If we fail to deliver 10 qualified listings within this period, you will not be charged your next monthly fee until we reach this milestone.

Guarantee Eligibility Requirements: To be eligible for this guarantee, you must:

• Maintain a minimum daily advertising budget of $80/day throughout the 90-day period
• Submit all required documentation and materials within 48 hours of our request
• Attend every single listing appointment we book on your calendar
• Achieve a listing success rate of at least 30%. For every 10 listing appointments we book on your calendar, you must close the deal to list at least 3 properties.
• Not interfere with or modify ad campaigns, settings, or account configurations without our written approval

Guarantee Limitations:

• This guarantee applies only to qualified design consultations as defined by our lead qualification criteria
• Failure to meet any eligibility requirement voids the guarantee
• This is our sole remedy for underperformance and replaces all other warranties or guarantees

8.4 Payment Processing

Payments are processed through secure third-party payment processors. You authorize us to charge your designated payment method for all applicable fees.

8.5 Taxes

You are responsible for all applicable taxes related to your use of our services.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Website, our proprietary methodologies, software, advertising campaigns, and related materials remain our exclusive property. You may not copy, modify, distribute, or create derivative works without our written consent.

9.2 Client-Provided Materials

You retain ownership of materials you provide to us and grant us a license to use such materials solely for providing services to you.

9.3 Work Product and Content Creation

Ownership of work product is determined as follows:

• Custom websites, content, and materials created specifically for you become your property upon full payment
• Advertising campaigns, ad copy, targeting strategies, and campaign structures remain our intellectual property
• We retain rights to general methodologies, processes, and know-how developed
• We may create anonymized case studies from our work (with your consent)

9.4 Campaign and Strategy Rights

All advertising campaigns, including but not limited to ad copy, creative assets, targeting parameters, campaign structures, and optimization strategies, remain our proprietary intellectual property and may be used for other clients.

10. Confidentiality

10.1 Mutual Confidentiality

Both parties agree to maintain confidentiality of sensitive business information shared during the service relationship.

10.2 Data Protection

We will handle your data in accordance with our Privacy Policy and applicable data protection laws.

11. Term and Termination

11.1 Service Term and Commitment Period

• Initial Commitment: All new clients must commit to a minimum 90-day service period
• Ongoing Services: After the initial 90-day period, services continue on a month-to-month basis
• Services continue until terminated by either party in accordance with these Terms

11.2 Termination Rights and Notice Requirements

Client Termination:

• After the initial 90-day commitment period, you may terminate services with 30 days written notice
• During the initial 90-day period, early termination may result in payment of remaining commitment fees

Company Termination:

• We may terminate services with 15 days written notice after the initial commitment period
• We may terminate immediately for:
  • Non-payment of fees
  • Breach of these Terms
  • Failure to maintain required advertising budgets
  • Interference with advertising campaigns or account settings
  • Illegal or unethical use of services

11.3 Effect of Termination

Upon termination:

• All unpaid fees become immediately due
• We will provide reasonable transition assistance
• Access to advertising accounts will be transferred back to you
• Each party will return or destroy confidential information
• Outstanding performance guarantees are voided
• Certain provisions will survive termination

12. Prohibited Uses

You may not use our services to:

• Violate any applicable laws or regulations
• Promote illegal products or services
• Engage in fraudulent or deceptive practices
• Spam or send unsolicited communications
• Infringe on intellectual property rights
• Distribute malware or harmful content
• Interfere with our services or systems

13. Disclaimers

13.1 Service Disclaimers

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

13.2 Results Disclaimer

MARKETING RESULTS ARE INHERENTLY UNPREDICTABLE. WE DO NOT GUARANTEE SPECIFIC OUTCOMES, LEAD QUANTITIES, CONVERSION RATES, OR RETURN ON INVESTMENT.

13.3 Third-Party Platforms

We are not responsible for changes to third-party platforms (Google, Facebook, etc.) that may affect service delivery or results.

14. Limitation of Liability

14.1 Liability Limits

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

14.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THEIR POSSIBILITY.

14.3 Client Interference and Modifications

WE ARE NOT LIABLE FOR ANY REDUCED PERFORMANCE, CAMPAIGN FAILURES, OR ADDITIONAL COSTS RESULTING FROM:

• Client modifications to advertising campaigns, account settings, or configurations
• Unauthorized changes to ad copy, targeting, budgets, or campaign structures
• Client interference with our optimization processes or account management
• Changes made by client to advertising accounts without our written approval

14.4 Advertising Platform Dependencies

We are not responsible for:

• Changes to third-party advertising platforms (Google, Facebook, etc.) that may affect service delivery
• Platform policy changes that impact campaign performance
• Account suspensions or restrictions imposed by advertising platforms
• Platform downtime or technical issues beyond our control

14.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15. Indemnification

You agree to indemnify and hold us harmless from claims arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of applicable laws
• Content or materials you provide
• Claims that your business practices violate third-party rights

16. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your information.

17. Communications

17.1 Electronic Communications

You consent to receive communications from us electronically, including emails and notifications through our Website.

17.2 Contact Information

You must keep your contact information current and notify us of any changes.

18. Dispute Resolution

18.1 Governing Law

These Terms are governed by the laws of Florida, without regard to conflict of law principles.

18.2 Dispute Process

Before initiating formal proceedings, parties agree to attempt resolution through good faith negotiations.

18.3 Jurisdiction

Any legal proceedings shall be brought in the state or federal courts located in Miami-Dade County, Florida.

19. General Provisions

19.1 Entire Agreement

These Terms, together with your service agreement and Privacy Policy, constitute the entire agreement between the parties.

19.2 Modifications

We may update these Terms at any time. Material changes will be communicated with reasonable advance notice.

19.3 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

19.4 Assignment

We may assign these Terms without consent. You may not assign your rights without our written permission.

19.5 Waiver

Our failure to enforce any provision does not constitute a waiver of our rights.

20. Contact Information

For questions about these Terms of Service, please contact us:

Email: support@goalpha.ai
Address: Alpha Digital Media Group, LLC, Miami, FL 33166, USA

These Terms of Service are effective as of the date first set forth above and may be updated from time to time. Please review regularly to stay informed of any changes.