Terms of Service
Effective Date: August 19, 2025
Welcome to the advertising and marketing website operated by GCM Supply LLC (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our website (the “Website”) and the services we provide (the “Services”). By accessing or using the Website or Services, you (“you” or “your”) agree to be bound by these Terms.
1. Eligibility
To use our Services, you must be at least 18 years of age and have the legal capacity to enter into these Terms. By using our Services, you represent and warrant that you meet these requirements. If you are using our Services on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
2. Scope of Services
We provide a range of advertising and marketing services, including but not limited to search engine marketing (SEM), social media advertising, content creation, SEO optimization, and omnichannel campaign management, as detailed on our Website. The specific Services, deliverables, timelines, and performance metrics for your engagement will be specified in a mutually signed Service Agreement or Order Form, which shall take precedence over these Terms in case of conflict.
3. User Obligations
You agree to:
- Provide accurate, current, and complete information (including brand guidelines, target audience details, and marketing assets) necessary for us to deliver the Services.
- Review drafts and provide feedback in a timely manner (within 3 business days of delivery, unless otherwise agreed) to avoid delays in service delivery.
- Comply with all applicable laws, regulations (including data protection laws such as GDPR and CCPA), and platform policies (e.g., Google Ads, Facebook Policies) in connection with your use of the Services.
- Not provide content or instructions that are defamatory, infringing, obscene, or violate third-party rights.
- Maintain the confidentiality of any account credentials provided to you and notify us immediately of unauthorized access.
4. Fees and Payment
- All fees are quoted in U.S. dollars and are exclusive of applicable taxes. You shall be responsible for all sales, use, or similar taxes arising from the Services.
- Payment terms are net-15 unless otherwise specified in the Service Agreement. Invoices are sent via email upon completion of milestones or as scheduled.
- We accept payment via credit card (Visa, Mastercard, American Express), ACH transfer, or wire transfer. A 3% processing fee applies to credit card payments.
- Late payments shall accrue interest at 1.5% per month (or the maximum rate allowed by law) and may result in suspension of Services after 30 days of non-payment.
- Fees are non-refundable for Services already delivered. For cancellations of ongoing Services, you shall pay for work completed up to the cancellation date.
5. Intellectual Property
- Our IP: All proprietary tools, templates, methodologies, and pre-existing content used to deliver the Services remain our exclusive property. We grant you a non-transferable license to use our deliverables (e.g., ad creatives, reports) solely for your business purposes.
- Your IP: You retain ownership of your brand assets, trademarks, and data provided to us. You grant us a non-exclusive, worldwide license to use such materials to deliver the Services during the term.
- Deliverables: Upon full payment, we assign all rights to custom-created deliverables (e.g., ad copy, social media posts) to you, except for templates or frameworks used to create them.
6. Confidentiality
Each party shall treat all non-public information (“Confidential Information”) disclosed by the other party (including business plans, campaign strategies, and customer data) as confidential. This obligation:
- Applies for 3 years after termination of these Terms.
- Does not apply to information that is publicly available, independently developed without reference to Confidential Information, or rightfully received from a third party.
- Requires prior written consent for disclosure to third parties, except as necessary to deliver the Services (e.g., sharing ad creatives with platform partners).
7. Performance and Liability
- We will use commercially reasonable efforts to meet the performance targets specified in the Service Agreement. We do not guarantee specific results (e.g., sales numbers, click-through rates) as they depend on factors beyond our control (e.g., market conditions, competitor activity).
- To the maximum extent permitted by law, our total liability for any claim arising from the Services shall not exceed the total fees paid by you in the 12 months preceding the claim. We shall not be liable for indirect, consequential, or incidental damages (including lost profits or business interruption).
- Our liability for breach of data protection obligations shall be governed by applicable privacy laws and limited to direct damages.
8. Indemnification
You agree to indemnify, defend, and hold us harmless from claims, losses, or expenses (including attorneys’ fees) arising from:
- Your breach of these Terms or applicable laws.
- Third-party claims alleging that your content or products infringe intellectual property rights.
- Non-compliance with platform policies resulting in account suspensions or fines.
9. Term and Termination
- These Terms commence on the Effective Date and continue until all Services are delivered, unless terminated earlier.
- Either party may terminate with 30 days’ written notice. We may terminate immediately for material breach (including non-payment or provision of illegal content).
- Upon termination:
- You shall pay for all outstanding fees.
- We shall return your Confidential Information and provide a final report.
- Licenses to our IP shall terminate, and you shall cease using our deliverables if payment is unpaid.
10. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved through mediation in Austin, Texas, before litigation. If mediation fails, the dispute shall be brought exclusively in the state or federal courts located in Travis County, Texas.
11. Changes to These Terms
We may update these Terms periodically. We will notify you of material changes via email or a prominent notice on our Website at least 15 days before the effective date. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms.
12. Contact Us
For questions about these Terms, please contact:
GCM Supply LLC
5900 BALCONES DRIVE STE 60959 AUSTIN, TX, US, 78731
Email: info@GCMsupplyllc.com