These Terms of Service (the “Terms”) govern your access to and use of marketing, advertising, analytics, and related consulting services offered by Growth Marketing Studios (“Company,” “we,” “us,” or “our”). By signing a Statement of Work (an “SOW”), paying an invoice, or otherwise using our Services, you (“Client,” “you,” or “your”) agree to these Terms.
If an SOW or Master Services Agreement (“MSA”) is in place, it prevails over these Terms in case of conflict. If no SOW/MSA exists, these Terms alone apply.
Specific deliverables, timelines, and fees will be listed in the applicable SOW. Change requests require a written change order and may affect fees and timing.
We may use subcontractors and vetted third‑party platforms to deliver the Services. We remain responsible for our subcontractors.
To enable results and compliance, you agree to:
Review and approve content (claims, before/after images, patient stories) for medical accuracy and legal compliance. You are solely responsible for ensuring all advertising complies with state medical board rules and other applicable laws.
Obtain all consents for testimonials, before/after images, and use of patient likenesses; maintain records of such consents.
Avoid transmitting PHI/PII through marketing systems (URLs, forms, chat, call transcripts, GA4, CRM fields). Do not enter PHI into advertising platforms.
Maintain compliant intake processes for calls/SMS/emails and ensure TCPA/CAN‑SPAM compliance when contacting leads.
We process information to:
Provide growth marketing services to healthcare clients.
Manage advertising campaigns, analytics, and lead generation.
Respond to inquiries, requests, and support needs.
Ensure compliance with HIPAA, GDPR, CCPA, and other laws.
Improve and personalize our website and services.
We will configure analytics and tags to reduce risk of PHI/PII capture (e.g., suppressing query parameters that could contain PII, avoiding user‑provided data fields unless compliant). You remain responsible for approving and maintaining these configurations on your properties.
We do not guarantee approval, delivery, or performance of any ad or account; platforms may disapprove or suspend accounts at their discretion.
Invoices are due Net 7 unless the SOW specifies a different term. Late amounts may accrue a 1.5% monthly (or the maximum allowed by law) late fee. You are responsible for all applicable taxes (excluding our net income taxes).
Fees are non‑refundable once work for the billing period has begun. Upfront deposits, if any, are applied as stated in the SOW.
We may suspend Services for unpaid invoices after 5 business days’ notice.
Either party may terminate immediately for material breach uncured after 10 days’ written notice.
Upon termination, you will pay for (a) all Services performed through the effective termination date, and (b) any non‑cancelable third‑party costs. We will provide reasonable transition assistance at our then‑current hourly rates unless otherwise agreed in the SOW.
Work Product. Upon full payment, we assign to you all right, title, and interest in custom deliverables created specifically for you under an SOW (e.g., ad copy, creative, landing page copy/design, analytics configurations), excluding our Pre‑Existing IP (tools, templates, methodologies, know‑how, software, and generic components). For Pre‑Existing IP, we grant you a non‑exclusive, non‑transferable license to use it solely as embedded in the Work Product for your internal business.
Third‑Party Assets. Stock media, fonts, code libraries, and platform features are licensed subject to their third‑party terms; some may require ongoing fees or attribution.
Unless you opt out in writing, we may display non‑confidential elements of the engagement (brand name, non‑sensitive creatives, high‑level results) in our portfolio, proposals, and case studies. We will not disclose PHI or Confidential Information and will seek your prior written approval for any detailed case studies.
Definition. “Confidential Information” means any non‑public information disclosed by a party (the “Discloser”) to the other party (the “Recipient”) in connection with the Services that is identified as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes business plans, pricing and SOW terms, financials, product/marketing roadmaps, platform credentials, campaign data and performance, customer lists, and any Protected Health Information (PHI).
Obligations. Recipient will (a) use Discloser’s Confidential Information solely to perform under these Terms and any SOW; (b) protect it using at least the same degree of care Recipient uses to protect its own confidential information of similar importance, but no less than reasonable care; (c) limit access to employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations no less protective than those herein; and (d) not disclose it to any third party except as expressly permitted by these Terms. Recipient remains responsible for any breach by its representatives and approved subcontractors.
Exclusions. Confidential Information does not include information that: (i) is or becomes public through no breach by Recipient; (ii) was lawfully known to Recipient without duty of confidentiality before disclosure; (iii) is independently developed by Recipient without use of or reference to Discloser’s Confidential Information; or (iv) is rightfully received by Recipient from a third party without duty of confidentiality.
Compelled Disclosure. If Recipient is required by law, regulation, subpoena, or court/agency order to disclose Confidential Information, Recipient may do so provided it (where legally permitted) gives prompt written notice to Discloser and reasonably cooperates (at Discloser’s expense) in seeking protective treatment. Recipient will disclose only the portion legally required.
Return/Deletion. Upon Discloser’s written request or termination of the Services, Recipient will promptly return or securely delete Discloser’s Confidential Information in its possession or control within a reasonable period, except that Recipient may retain (i) copies required by law or regulation, and (ii) archived backups maintained in the ordinary course of business, in each case remaining subject to these confidentiality obligations until destroyed.
Injunctive Relief. Unauthorized use or disclosure of Confidential Information may cause irreparable harm. In addition to any other remedies, Discloser is entitled to seek immediate equitable relief (including injunctions) without posting a bond.
Survival; PHI. These confidentiality obligations survive for three (3) years after termination or expiration of the Services; trade secrets and PHI survive for as long as they remain trade secrets or PHI, respectively. If a Business Associate Agreement (BAA) is in place, its terms control for PHI to the extent of any conflict.
We may use reputable sub‑processors (e.g., hosting, analytics, automation tools). On request, we will provide a current list of material sub‑processors used for your engagement.
On termination, and upon written request, we will return or delete your Confidential Information we control within a reasonable period, except where retention is required by law or for legitimate recordkeeping.
Platform changes, outages, or policy updates may impact performance. We are not liable for third‑party decisions, downtime, or data loss within those platforms.
During the Term and for 12 months thereafter, you agree not to solicit for employment any of our employees who directly worked on your account, except through general public job postings. This does not restrict hiring someone who applies without solicitation.
We warrant that Services will be performed in a professional and workmanlike man