TERMS OF SERVICE

McCrossen Marketing & Consulting

mccrossenmarketing.com

Effective Date: February 21, 2026

Last Updated: February 21, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Customer”) and McCrossen Marketing & Consulting, a sole proprietorship operating in the State of Texas (“McCrossen,” “we,” “us,” or “our”). These Terms govern your access to and use of the McCrossen Marketing Platform, including the website at mccrossenmarketing.com, the customer portal, the AI Advisor chatbot, all associated tools and services, and any software plugins distributed by McCrossen (collectively, the “Platform”).

By accessing or using the Platform, creating an account, purchasing services, or installing our software plugins, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not agree to these Terms, you may not access or use the Platform.

2. Definitions

“Platform” means the McCrossen Marketing website, customer portal, chatbot, Dashboard, administrative tools, APIs, and all associated software, services, and content provided by McCrossen.

“Services” means any marketing, consulting, SaaS, data processing, or technology services provided by McCrossen through the Platform, as described in the Service Catalog.

“Software Plugins” means WordPress plugins developed and distributed by McCrossen, including but not limited to McCrossenSEO™, McCrossen Security Shield™, and any future plugins offered for license.

“Credits” or “Tokens” means the prepaid digital units purchased through the Platform that are redeemable for AI-powered services, including chatbot interactions, document generation, content creation, and other features as described in the Platform.

“Service Catalog” means the current listing of services, subscriptions, and products available for purchase through the Platform, including pricing, descriptions, and terms specific to each offering.

“Customer Portal” means the authenticated, self-service area of the Platform where registered users can manage their account, services, billing, support tickets, and connected integrations.

“AI Advisor” means the AI-powered chatbot feature that provides marketing advice, strategy recommendations, document generation, and interactive marketing assistance.

“Connected Services” means third-party platforms (such as Google Analytics, Google Search Console, and Google Business Profile) that you authorize the Platform to access on your behalf through OAuth or similar authentication.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Platform, you must create an account by providing accurate, current, and complete information. You may create an account through the customer portal registration form or through the AI Advisor chatbot’s in-chat registration flow. You must provide a valid email address and create a secure password.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We strongly recommend enabling two-factor authentication (2FA) when available.

We implement industry standard and advanced security measures to protect the Platform and user accounts. These automated security measures may, in rare cases, temporarily block legitimate access from an IP address that triggers security thresholds.

3.3 Email Verification

We may require email verification before granting full access to Platform features. Unverified accounts may have limited functionality until verification is completed.

3.4 Account Termination

You may close your account at any time by contacting us. We may suspend or terminate your account if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a security risk to the Platform or other users. Upon termination, your access to paid services will cease, and data deletion will be handled in accordance with our Privacy Policy. A terminated account will lose all credits/tokens without refund. An suspended account will retain credit/tokens until a review of the account lifts the suspension.

4. Services, Subscriptions, and Purchases

4.1 Service Catalog

The Platform offers various services as described in the Service Catalog, which may include subscriptions, one-time purchases, project-based engagements, and software licenses. Pricing, features, and availability are subject to change. We will provide notice of material changes to pricing for active subscriptions before your next billing cycle.

4.2 Subscriptions

Subscription services are billed on a recurring basis (monthly or annually, as selected at the time of purchase). Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel, pause, or resume subscriptions through the customer portal, subject to any minimum term requirements specified in the Service Catalog for your particular service.

4.3 Minimum Terms

Certain services may be subject to minimum term commitments as specified at the time of purchase. Cancellation during a minimum term period may result in early termination fees or continued billing through the end of the minimum term, as specified in the applicable service terms.

4.4 Credits and Tokens

Credits (or Tokens, when the unified token economy is active) are prepaid digital units that may be purchased through the Platform. Credits are classified as prepaid access to taxable data processing services under Texas law and are taxed at the time of purchase.

Credits are non-refundable, non-transferable, and have no cash value. We reserve the right to modify the credit cost of specific features with reasonable notice. Promotional or loyalty credits may be subject to additional terms and expiration dates.

4.5 Free Tier Features

Certain Platform features are available at no cost, including the AI Advisor’s lead qualification mode and free-tier features of distributed plugins. Free features are provided as-is and may be modified, limited, or discontinued at any time without notice.

5. Payment and Taxes

5.1 Payment Processing

All payments are processed through Stripe, Inc. By making a purchase, you agree to Stripe’s terms of service in addition to these Terms. You authorize us to charge your selected payment method for all fees associated with your purchases, subscriptions, and renewals.

5.2 Sales Tax

Applicable sales taxes will be calculated and collected at the time of purchase based on your location and the tax classification of the product or service. In Texas, SaaS products and data processing services are subject to sales tax on 80% of the charge amount, with 20% exempt by statute. Different service categories may be taxed at different rates based on their classification. Tax calculations are performed by our automated tax provider and are itemized on your invoice.

5.3 Refunds

Refund eligibility varies by service type and is specified in the applicable Service Catalog entry. Subscription services may be eligible for pro-rated refunds if cancelled within the first billing period. One-time purchases and credit purchases are generally non-refundable. If you believe you have been incorrectly charged, contact us within 30 days of the charge.

5.4 Failed Payments

If a payment fails, we will notify you and may retry the payment method on file. Continued payment failure may result in suspension of services. We will provide reasonable notice before suspending services due to non-payment.

6. AI-Powered Services

6.1 Nature of AI Services

The Platform provides AI-powered marketing advice, content generation, strategy recommendations, and related services through our AI Advisor chatbot and other AI-enhanced features. These services are powered by third-party AI models (accessed through our AI Gateway.

AI-generated content and recommendations are provided for informational and strategic guidance purposes only. They do not constitute professional marketing guarantees, legal advice, financial advice, or any other form of professional counsel. You are solely responsible for evaluating, verifying, and implementing any AI-generated recommendations.

6.2 No Guarantee of Results

We do not guarantee that AI-generated marketing recommendations, SEO suggestions, content strategies, or advertising advice will produce any specific business outcomes, rankings, traffic increases, or revenue improvements. Marketing results depend on numerous factors beyond our control, including market conditions, competition, implementation quality, and search engine algorithm changes.

6.3 AI Content Ownership

Content generated by the AI Advisor or other AI-powered features in response to your prompts is provided for your use. You may use AI-generated content for your business purposes, subject to the following: (a) you are responsible for reviewing and editing AI-generated content before publication or distribution; (b) AI-generated content may not be unique and similar content may be generated for other users; (c) we make no representations regarding the intellectual property status of AI-generated content.

6.4 Conversation Data Usage

Your Platform conversations are stored in association with your account and may be analyzed using automated AI classification for various business purposes. Aggregated, anonymized insights derived from conversations across all users may be used to improve the Platform’s recommendation quality. Your individual conversations are not shared with other users. See our Privacy Policy for complete details on data handling.

7. Software Plugin Licenses

7.1 License Grant

When you purchase a software plugin license, we grant you a non-exclusive, non-transferable, revocable license to install and use the plugin on the specific domain(s) authorized by your license key. The license is subject to the license tier purchased and any domain limitations specified at the time of purchase.

7.2 License Restrictions

You may not:

Redistribute, sublicense, sell, resell, or otherwise transfer the plugin to any third party
Reverse engineer, decompile, disassemble, or attempt to derive the source code of any obfuscated or compiled portions of the plugin
Remove, alter, or obscure any proprietary notices, labels, or marks on the plugin
Use the plugin on domains not authorized by your license key
Modify the plugin in a way that circumvents license validation or premium feature restrictions
Use the plugin code, documentation, or output to train artificial intelligence or machine learning models
Share your license key with any third party

7.3 License Validation

Plugins periodically contact our license server to verify license validity. This communication transmits your domain name, license key, and plugin version. If license validation fails, premium features will be deactivated, but free-tier features will continue to operate.

7.4 Updates and Support

Licensed plugins receive updates through our update server for the duration of your active license. Updates include bug fixes, security patches, and feature enhancements. We are not obligated to provide updates for any specific duration beyond your current license term. Support is provided according to the support tier included with your license.

7.5 Plugin Data Collection

Plugin data collection practices are described in our Privacy Policy. In general, free-tier plugin features operate locally on your WordPress site without transmitting data to our servers. Premium features that connect to our AI Gateway or central services will transmit data as necessary to provide the licensed functionality.

7.6 Termination of License

Your plugin license terminates when your license term expires without renewal, or if you violate these Terms or the license restrictions above. Upon termination, premium features will be deactivated. You must uninstall the plugin if the license is terminated for cause. Access to premium and paid features will deactivate upon license termination.

8. Connected Third-Party Services

The Platform allows you to connect third-party services (such as Google Analytics, Google Search Console, and Google Business Profile) through OAuth authorization. By connecting these services:

You authorize us to access the specific data scopes requested during the OAuth flow
You represent that you have the authority to grant access to the connected properties
You understand that we cache connected data locally and refresh it periodically via scheduled processes
You may disconnect any connected service at any time through your portal Dashboard
Disconnection stops future data access but previously cached data may persist until cleared by the next refresh cycle

We are not responsible for changes to third-party APIs, service outages, or modifications to data availability by third-party providers. Connected service features may be temporarily or permanently affected by changes outside our control.

9. Acceptable Use Policy

You agree not to use the Platform to:

Violate any applicable local, state, national, or international law or regulation
Submit false, misleading, or fraudulent information
Impersonate any person or entity or misrepresent your affiliation
Attempt to gain unauthorized access to the Platform, other user accounts, or connected systems
Interfere with or disrupt the Platform’s infrastructure, security features, or other users’ access
Use automated tools (bots, scrapers, crawlers) to access the Platform except as explicitly authorized
Submit content through the AI Advisor that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
Use AI-generated content for purposes that violate applicable AI provider terms of service
Attempt to circumvent rate limiting, credit systems, security measures, or license validation
Use the Platform to generate spam, phishing content, or malicious advertising
Resell or commercially redistribute Platform access or AI-generated output without authorization

10. Intellectual Property

10.1 McCrossen’s Intellectual Property

The Platform, including all software, code, algorithms, scoring models, recommendation engines, user interfaces, designs, trademarks, service marks, and content created by McCrossen, is owned by McCrossen Marketing & Consulting and is protected by intellectual property laws. Our proprietary scoring matrices, inference weightings, feedback loop architecture, cross-platform signal synthesis, and optimization timing logic constitute trade secrets.

10.2 Your Content

You retain ownership of the content you submit to the Platform, including business information, uploaded documents, and chatbot conversation inputs. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze your content as necessary to provide and improve our Services.

10.3 Feedback

If you provide suggestions, ideas, or feedback about the Platform, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution.

11. Disclaimers

THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE; (C) SEO RECOMMENDATIONS WILL RESULT IN IMPROVED SEARCH RANKINGS OR TRAFFIC; (D) SECURITY FEATURES WILL PREVENT ALL UNAUTHORIZED ACCESS OR THREATS; (E) THE AUTOMATED THREAT BLOCKING SYSTEM WILL NOT OCCASIONALLY BLOCK LEGITIMATE ACCESS; OR (F) ANY CONNECTED THIRD-PARTY SERVICE WILL REMAIN AVAILABLE OR FUNCTION AS EXPECTED.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCCROSSEN MARKETING & CONSULTING, ITS OWNER, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

THIS LIMITATION APPLIES TO DAMAGES ARISING FROM: USE OR INABILITY TO USE THE PLATFORM; AI-GENERATED CONTENT OR RECOMMENDATIONS; AUTOMATED SECURITY ACTIONS INCLUDING IP BLOCKING; THIRD-PARTY SERVICE OUTAGES OR API CHANGES; PLUGIN FUNCTIONALITY ON YOUR WORDPRESS SITE; DATA LOSS OR CORRUPTION; OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT.

13. Indemnification

You agree to indemnify, defend, and hold harmless McCrossen Marketing & Consulting, its owner, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) content you submit to the Platform; (e) your use of AI-generated content; or (f) your use of licensed plugins on your website, including any impact on your website visitors from plugin functionality such as security blocking features.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve the dispute informally for a period of at least thirty (30) days.

14.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Bexar County, Texas. You consent to the personal jurisdiction of such courts.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email to registered users and/or by posting a notice on the Platform at least thirty (30) days before the changes take effect. Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before the effective date.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy (if applicable), and any service-specific terms presented at the time of purchase, constitute the entire agreement between you and McCrossen regarding the Platform and supersede all prior agreements and understandings.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by McCrossen to be effective.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets without your consent.

16.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or third-party service provider failures.

16.6 Notices

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to the contact information provided below. Notices are deemed received when sent by email, or three (3) business days after mailing if sent by certified mail.

16.7 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and McCrossen. You are an independent user of the Platform, and neither party has the authority to bind the other.

17. Contact Information

If you have questions about these Terms of Service, please contact us at:

McCrossen Marketing & Consulting

Email: support@mccrossenmarketing.com

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