Terms of Service

These Terms of Service ("Terms") govern your access to and use of websites, software, dashboards, integrations, marketing services, AI-enabled features, consulting, managed services, and other products and services provided by Broken Wake Publishing, LLC, doing business as BW Digital Publishing and BWP ("BWP," "we," "us," or "our"). By accessing or using our Services, you agree to these Terms.

If you enter into an order form, proposal, statement of work, subscription, master services agreement, or other written agreement with BWP, that agreement controls to the extent it conflicts with these Terms.

1. Eligibility and Accounts

You must be legally capable of entering into a binding agreement. If you use the Services for a business or organization, you represent that you have authority to bind it. You are responsible for safeguarding account credentials and activity occurring through your account.

2. Services

BWP may provide strategy, websites, advertising, local SEO, reputation management, social marketing, email and SMS marketing, CRM and automation, analytics and reporting, AI-enabled communications, lead capture, connected-platform services, custom software, digital publishing, and related services. Specific scope, deliverables, pricing, timelines, and responsibilities may be stated in a separate agreement.

Features may change as platforms, APIs, search engines, advertising systems, AI providers, and third-party services evolve. We may modify or discontinue features when reasonably necessary, including when a third party changes or removes access.

3. Connected Accounts and Third-Party Platforms

Some Services require you to authorize access to third-party platforms such as Meta/Facebook/Instagram, Google, advertising networks, analytics providers, social networks, CRMs, scheduling tools, payment providers, or other applications. You authorize BWP to access and use those connected accounts only as reasonably necessary to provide the requested Services and according to the permissions you grant.

You remain responsible for your relationship with third-party platforms and for complying with their terms, policies, and account requirements. BWP does not control third-party availability, approvals, suspensions, API changes, advertising review decisions, search rankings, or platform enforcement actions.

4. Client Data and Permissions

You retain ownership of data, content, trademarks, business information, customer information, and materials you provide to BWP ("Client Data"). You grant BWP and its service providers a limited license to host, process, reproduce, modify, transmit, and otherwise use Client Data as necessary to provide, secure, support, and improve the Services.

You represent that you have all rights, permissions, notices, and consents required for Client Data and for any contacts, audiences, telephone numbers, email addresses, reviews, images, advertising assets, or connected accounts you ask us to use.

5. Acceptable Use

You may not use the Services to:

• violate law, regulation, third-party rights, or platform policies;
• send unlawful, deceptive, abusive, harassing, or unauthorized communications;
• upload malware, interfere with systems, probe security, or attempt unauthorized access;
• misrepresent identity, affiliation, products, services, or advertising claims;
• collect or process data without required authority or consent; or
• resell, reverse engineer, copy, or exploit BWP technology except as expressly authorized in writing.

6. Email, SMS, Calls, and Marketing Compliance

If you use BWP Services to contact leads, customers, or other individuals, you are responsible for ensuring that communications are lawful and that you have required consent, including compliance with applicable rules for marketing email, text messaging, telephone calls, opt-outs, consumer privacy, and advertising.

BWP may suspend a campaign, workflow, or account when we reasonably believe continued use may violate law, platform policy, carrier requirements, or create material risk.

7. Fees and Payment

Fees, billing cadence, media budgets, setup costs, subscription terms, and cancellation rights are governed by the applicable proposal, order form, invoice, or other written agreement. Unless otherwise stated, third-party media spend, platform charges, taxes, and pass-through costs are separate from BWP service fees.

8. Intellectual Property

BWP and its licensors retain all rights in BWP software, systems, methods, templates, processes, designs, documentation, branding, know-how, and other pre-existing or reusable intellectual property. Client-specific ownership rights, if any, may be addressed in a separate written agreement.

9. AI-Enabled Services

Some Services use artificial intelligence or automated systems to generate, analyze, classify, summarize, recommend, respond, or assist with content and business workflows. AI output may be incomplete, inaccurate, or unsuitable for a particular purpose. You are responsible for appropriate human review and for decisions made using AI-assisted output.

10. Results and Third-Party Dependencies

Marketing, search, advertising, reputation, AI visibility, conversion, and business outcomes depend on many factors outside BWP's control. Unless expressly stated in a signed written agreement, BWP does not guarantee specific rankings, leads, revenue, advertising performance, platform approval, account access, search-engine placement, AI citations, or other results.

11. Privacy and Data Deletion

Our Privacy Policy describes how we process personal information. Instructions for requesting deletion of data associated with BWP Marketing Intelligence are available at bwdigitalpublishing.com/data-deletion.

12. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect confidential information and will use it only for purposes related to the parties' relationship, except where disclosure is authorized or legally required.

13. Suspension and Termination

We may suspend or restrict access when reasonably necessary to protect the Services, comply with law or platform requirements, address security concerns, prevent abuse, or respond to nonpayment. Termination and cancellation rights for paid Services are governed by the applicable written agreement.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BWP DISCLAIMS WARRANTIES NOT EXPRESSLY STATED IN A WRITTEN AGREEMENT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BWP WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO THE SERVICES. EXCEPT FOR AMOUNTS THAT CANNOT LEGALLY BE LIMITED, BWP'S AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID TO BWP FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless BWP and its officers, employees, contractors, and affiliates from third-party claims arising from your Client Data, your unlawful use of the Services, your violation of these Terms, or your violation of third-party rights.

17. Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Unless another written agreement states otherwise, disputes will be brought in the state or federal courts located in Fulton County, Georgia.

18. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above indicates the current version. Continued use of the Services after an updated version becomes effective constitutes acceptance to the extent permitted by law.

19. Contact

Broken Wake Publishing, LLC, d/b/a BW Digital Publishing
730 Peachtree Street NE, #570
Atlanta, GA 30308
info@bwdigitalpublishing.com