Terms of Service

Acceptance of Terms

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that governs the relationship with our users, clients, and others who interact with Daly Advertising, located in Austin, TX, and our subsidiaries and affiliates, in association with the use of the Daly Advertising website, which includes dalyadvertising.com as well as any of its sub-domains and related domains (the "Site") and its Services.

By accessing or using our Sites and Services, you agree to be bound by these Terms and all terms incorporated herein by reference. If you do not agree, do not access or use our Sites or Services.

Description of Services

Daly Advertising is a performance marketing agency providing the following services:

• Paid advertising management (Google Ads, Meta Ads, TikTok Ads, Microsoft Ads)
• Search engine optimization (SEO)
• Web development and design
• AI automation and integration
• CRM setup and management
• Creative strategy and ad production
• Software-as-a-Service platforms (scale-cart, creative briefs, internal tools)

Daly Advertising reserves the right to modify, update, or discontinue any Services at any time without prior notice.

Results Disclaimer

Through our services, we provide strategies, recommendations, and implementation to help grow your business through digital marketing and advertising. While we are proud of the results we achieve for our clients, every business is different. What works for one client may not work for another.

By engaging our services, you acknowledge that results depend on numerous factors including market conditions, competition, budget, product-market fit, and the effort you put into your business. We make no guarantees regarding specific outcomes, revenue, traffic, or rankings.

No Guarantees

You acknowledge that no guarantees, explicit or implied, have been made by Daly Advertising, its employees, partners, or affiliates regarding future business growth, advertising performance, search engine rankings, or outcomes that may result from purchasing our services, platform subscriptions, or consulting engagements.

Client Accounts and Security

When you engage our services and create an account, you are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You must notify Daly Advertising immediately of any unauthorized use of your account. Daly Advertising shall not be held liable for any loss or damage arising from failure to comply with this obligation.

Payment Terms

Payment terms are defined in individual service agreements, proposals, and platform subscriptions. General terms include:

• Payments are processed securely via Stripe through payments.dalyadvertising.com
• Subscription services are billed monthly unless otherwise specified
• One-time project fees are due upon approval of the proposal
• Ad spend is paid directly to the advertising platforms (Google, Meta, TikTok) and is separate from management fees
• Late payments may result in suspension of services
• All sales are final. Due to the nature of digital services and the immediate commencement of work upon payment, no refunds will be issued. Exceptions may be considered at Daly Advertising's sole discretion

Platform Subscriptions

Certain services are offered as monthly platform subscriptions (e.g., scale-cart, SEO retainers). These subscriptions:

• Have a minimum commitment period as specified in the proposal
• Auto-renew monthly unless cancelled with 30 days written notice
• Include platform hosting, maintenance, and updates as described in the service agreement
• May be modified in scope with mutual written agreement

Intellectual Property

All trademarks, logos, service marks, and brand features of Daly Advertising are the property of Daly Advertising. You agree not to display or use these marks without prior written consent.

Work product created for clients (ad copy, designs, landing pages, code) is owned by the client upon full payment, unless otherwise specified in the service agreement. Daly Advertising retains the right to showcase work in portfolios and case studies unless the client opts out in writing.

Client Data and Privacy

Daly Advertising takes data privacy seriously. We will:

• Only access client advertising accounts, analytics, and business data as necessary to perform the contracted services
• Not sell, share, or distribute client data to third parties except as required to deliver services (e.g., sharing data with Google Ads, Meta, analytics platforms)
• Maintain reasonable security measures to protect client information
• Return or delete client data upon termination of services if requested

Conduct

You agree not to use Daly Advertising's Services for any unlawful purpose, to harass or harm others, to transmit malicious content, or to interfere with our systems, networks, or other clients' services.

Indemnification

You agree to indemnify and hold Daly Advertising, our affiliates, officers, employees, and partners harmless from any claim or demand, including reasonable attorney fees, arising from your use of our Services, your violation of this TOS, or your violation of any rights of another party.

Limitation of Liability

Daly Advertising shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages related to loss of profits, goodwill, data, or other intangible losses, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from our Services shall not exceed the total fees paid by you to Daly Advertising in the six months preceding the claim.

Warranty Disclaimers

Our Services are provided on an "as is" and "as available" basis. Daly Advertising makes no warranties, expressed or implied, regarding the accuracy, reliability, or availability of our Services, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Termination

Either party may terminate services by providing written notice as specified in the individual service agreement. In the absence of a specific agreement:

• Monthly services may be cancelled with 30 days written notice to [email protected]
• Daly Advertising may suspend or terminate services immediately for non-payment, breach of terms, or illegal activity
• Upon termination, access to platforms and tools will be revoked and final invoices will be issued

Third-Party Services

Our Services may integrate with or link to third-party platforms including but not limited to Google Ads, Meta Business Suite, Stripe, Shopify, GoHighLevel, Cloudflare, and various analytics tools. Daly Advertising is not responsible for the terms, privacy policies, or practices of these third-party services.

Modifications

Daly Advertising reserves the right to modify this TOS at any time. Changes will be posted on this page with an updated effective date. Continued use of our Services after changes constitutes acceptance of the modified terms.

Choice of Law

This TOS shall be governed by the laws of the State of Texas, United States, without regard to conflict of law provisions. Any claims or disputes arising from this TOS shall be filed within the courts having jurisdiction in Travis County, Texas.

Severability

If any provision of this TOS is found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Statute of Limitations

Any claim or action arising from the use of our Services or this TOS must be filed within one (1) year after the claim arose or shall be forever barred.

Contact

For questions, concerns, or violations of this TOS, contact us at:

Daly Advertising
Austin, TX
Email: [email protected]
Web: dalyadvertising.com