Terms of Service
Effective Date: February 1, 2026
These Terms of Service (“Terms”) govern your access to and use of the website operated by Zero Company Performance Marketing, Inc. (“Zero Company,” “we,” “us,” or “our”), including any content, features, communications, and services made available through this website (the “Site”).
By using the Site, you agree to these Terms. If you do not agree, do not use the Site.
Client Services Note: If you engage us for advertising/marketing services, the terms in your separately signed proposal, statement of work, master services agreement, or other written agreement will govern that relationship. If there is a conflict, the signed agreement controls.
1) Privacy
Your use of the Site is also subject to our Privacy Policy:
2) Text Messaging (SMS) Program Terms (A2P 10DLC)
This section describes our SMS/text messaging program (the “SMS Program”).
Program Description (Carrier Required)
By opting in, you agree to receive Zero Company Performance Marketing notifications and alerts.
Messages may be sent using automated technology. Messages may include customer care, scheduling, service updates, and—if you separately opt in—promotional messages.
Message Frequency (Carrier Required)
Message frequency varies.
Rates (Carrier Required)
Message and data rates may apply. For questions about your text or data plan, contact your wireless provider.
SMS Instructions (Carrier Required)
Text HELP for help or STOP to cancel.
If you text STOP, we will send a confirmation message acknowledging your opt-out. After that, you will no longer receive messages unless you opt in again.
Carrier Disclaimer (Carrier Required)
Carriers are not liable for delayed or undelivered messages.
Eligibility
You must provide a valid mobile number and be able to receive text messages. Consent is not a condition of purchase.
3) Intellectual Property
The Site and its content (including text, designs, graphics, logos, and materials) are owned by Zero Company or its licensors and are protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our prior written permission.
4) Third-Party Links and Platforms
The Site may link to third-party websites or tools. We do not control and are not responsible for third-party content, policies, or practices.
5) Client Services Overview (High-Level)
If you choose to work with us for marketing/advertising services, you acknowledge the following general principles (your signed agreement provides the full details):
No Guaranteed Results
We use commercially reasonable efforts and professional judgment, but we do not guarantee specific performance outcomes (e.g., leads, conversions, revenue, rankings, ROAS).
Third-Party Platform Changes
Advertising platforms (e.g., Google, Meta, Microsoft) may change policies, auction dynamics, or algorithms; they may suspend ads or accounts. We are not responsible for platform actions outside our control.
Client Responsibilities
You are responsible for:
- Ensuring your products/services and claims comply with applicable laws and regulations
- Providing timely access to necessary accounts (analytics, ad accounts, site CMS, etc.)
- Reviewing and approving creative/messaging when required
- Maintaining any required disclosures on your website (including privacy/SMS disclosures where applicable)
Ad Spend
Unless your signed agreement states otherwise, media spend is billed by the advertising platforms and is separate from our management fees.
Tools
We may use third-party tools and platforms to manage, analyze, and optimize campaigns.
6) Disclaimers
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZERO COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SMS PROGRAM.
8) Indemnification
You agree to indemnify and hold harmless Zero Company and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Site in violation of these Terms
- Your violation of laws or third-party rights
- Content or information you submit through the Site
9) Changes to These Terms
We may update these Terms from time to time. The “Effective Date” above indicates when the latest changes were posted. Your continued use of the Site after changes are posted means you accept the updated Terms.
10) Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any dispute must be brought in the state or federal courts located in California, unless otherwise required by law.
11) Contact
Legal Name: Zero Company Performance Marketing, Inc.
Address: 24703 Dana Drive, Dana Point, CA, 92629, United States
Email: [email protected]
Phone: (888) 885-3995
