Marketing Enigma AI (“Company,” “we,” “us,” or “our”) is an AI-native marketing agency specializing in Answer Engine Optimization (AEO), Programmatic SEO (pSEO), and custom MCP (Model Context Protocol) Server development. These Terms of Service (“Terms”) govern your use of our website and general interactions with our business.
Important: If you engage our professional services under a signed Master Service Agreement (MSA) and Statement of Work (SOW), those agreements govern the service relationship and take precedence over these Terms in the event of any conflict.
We provide the following services:
All services are subject to the terms of an executed Master Service Agreement and Statement of Work. See our Cancellation Policy for details on commitments and refunds.
3.1 Pricing & Retainers. Services are offered on a project basis or monthly retainer. Pricing is provided in a signed Statement of Work (SOW) or proposal. All retainers are billed monthly in advance.
3.2 Payment Schedule. Payment terms are specified in the applicable SOW or invoice. Unless otherwise agreed: (a) one-time setup fees are due in full prior to commencement of services; and (b) monthly retainer fees are invoiced on the first of each month and due within seven (7) days of invoice date.
3.3 Minimum Commitment. Engagements require a minimum commitment period as specified in the applicable SOW (typically six months). Early termination during the commitment period is subject to an early termination fee. See our Cancellation Policy for full details.
3.4 Late Payments. Overdue invoices accrue interest at 1.5% per month or the maximum legal rate, whichever is lower. We reserve the right to suspend services for accounts more than fifteen (15) days overdue.
3.5 No Refunds. All services are non-refundable once work has commenced, unless we materially fail to deliver contracted deliverables as specified in the SOW.
4.1 Work Product. Upon full payment of all applicable fees, you retain ownership of deliverables created specifically for you (e.g., optimized content, programmatic pages, custom MCP servers). This assignment is expressly conditioned on full payment. Pre-existing tools, frameworks, methodologies, AI prompts, code libraries, and MCP architectures remain our property.
4.2 Client Content. You retain all rights to content, data, and materials you provide to us. You grant us a limited, non-exclusive license to use them solely for the purpose of delivering contracted services during the term of our engagement. This license terminates upon expiration or termination of the applicable agreement.
4.3 AI-Generated Content. Certain deliverables may be generated or assisted by AI tools. We make no representation that AI-generated content qualifies for copyright protection under current law. You accept such content as-is with respect to IP enforceability.
4.4 Provider Tools. We retain all rights in our proprietary tools, methodologies, and reusable components, including improvements developed during your engagement. We may use generalized knowledge and techniques gained during the engagement for other clients, provided we do not disclose your Confidential Information.
5.1 Mutual Obligations. Both parties agree to keep confidential information private and to use it only for purposes related to the engagement. Our full confidentiality obligations are detailed in our Master Service Agreement, which includes AI-specific protections.
5.2 AI Data Handling. We do not input your confidential information into publicly available AI tools without written consent. We do not use your data to train or fine-tune AI models. See our AI Disclosure page for our full transparency commitments.
6.1 No Guarantees. While we employ industry best practices, we cannot guarantee specific results (e.g., AI citations, traffic increases, ranking improvements). Search engine algorithms, AI model behaviors, and market conditions are beyond our control.
6.2 Liability Cap. Our total liability to you shall not exceed the fees paid by you in the six (6) months immediately preceding the event giving rise to the claim. This limitation applies to all claims, regardless of cause or legal theory.
6.3 Excluded Damages. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or revenue, even if advised of the possibility.
6.4 Carve-Outs. The limitations above do not apply to: (a) breaches of confidentiality obligations; (b) indemnification obligations; (c) your payment obligations; or (d) damages arising from gross negligence, fraud, or willful misconduct.
7.1 Minimum Commitment. Engagements are subject to a minimum commitment period as defined in the applicable SOW. During this period, termination is only permitted for cause (material breach not cured within 15 days of written notice). Early termination for convenience during the commitment period triggers an early termination fee equal to the remaining monthly fees through the end of the commitment period.
7.2 Termination for Cause. Either party may terminate with immediate effect if the other materially breaches and fails to cure within fifteen (15) days of written notice.
7.3 Termination for Convenience. After the minimum commitment period, either party may terminate with thirty (30) days’ written notice. You remain responsible for fees through the effective termination date.
7.4 Post-Termination. Upon termination: (a) we deliver all completed deliverables for which payment has been received; (b) you have 30 days to retrieve your data and work product; (c) confidentiality obligations survive for five (5) years.
See our Cancellation Policy for a plain-language summary.
8.1 Our Warranties. We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards for AI marketing services.
8.2 No Other Warranties. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
8.3 Third-Party Tools & Platforms. We are not responsible for third-party platforms (Google, OpenAI, Anthropic, etc.) or their policies, algorithm changes, or service disruptions. Your use of third-party services is governed by their respective terms.
If you use any hosted services (such as MCP servers), you are subject to our Acceptable Use Policy. Violation may result in immediate suspension or termination without refund.
10.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles.
10.2 Jurisdiction. Both parties submit to the exclusive jurisdiction of the federal and state courts located in Wyoming.
10.3 Dispute Resolution. Before litigation, the parties agree to attempt good-faith negotiation for thirty (30) days. If unresolved, either party may submit the dispute to mediation before pursuing litigation. The prevailing party in any action shall be entitled to recover reasonable attorneys’ fees.
11.1 Entire Agreement. These Terms, together with any executed MSA, SOW, or proposal, constitute the entire agreement. In the event of conflict, the MSA/SOW takes precedence over these website Terms.
11.2 Modifications. We may modify these Terms by posting a revised version with an updated “Last Updated” date. Material changes will be communicated via email to active clients. Your continued use constitutes acceptance.
11.3 Severability. If any provision is invalid, the remainder shall continue in full force.
11.4 Assignment. You may not assign these Terms without our written consent. We may assign to affiliates or successors in connection with a merger, acquisition, or sale of assets.
The following policies form part of our legal framework:
For questions, disputes, or service-related matters, contact:
Marketing Enigma AI
Email: hello@marketingenigma.ai
Location: Wyoming, USA
Questions about our terms?
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