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 services, whether through direct engagement, online platforms, or integrations with third-party tools.
We provide the following services:
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 unless otherwise specified.
3.2 Payment Methods. We accept bank transfers, credit cards, and other payment methods specified in your invoice. Payments are due within 30 days of invoice date unless a different payment schedule is agreed in writing.
3.3 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 15+ days overdue.
3.4 No Refunds. All services are non-refundable once work has commenced, unless we fail to deliver contracted deliverables.
4.1 Work Product. Upon full payment, you retain ownership of deliverables created specifically for you (e.g., optimized content, programmatic pages, custom MCP servers). This does not include pre-existing tools, frameworks, or methodologies we use (which remain our property).
4.2 Client Content. You retain all rights to content, data, and materials you provide to us. You grant us a perpetual, royalty-free license to use them solely to deliver contracted services.
4.3 Confidentiality. We keep your business information, metrics, and strategies confidential except where legally required or as permitted to improve our services.
5.1 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.
5.2 Liability Cap. Our total liability to you shall not exceed the fees paid in the 12 months preceding the claim. This limitation applies to all claims, regardless of cause or legal theory.
5.3 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.
6.1 Termination for Cause. Either party may terminate with 30 days' written notice if the other materially breaches these Terms and fails to cure within 15 days.
6.2 Termination for Convenience. For ongoing retainers, either party may terminate with 30 days' written notice. You remain responsible for fees through the termination date.
6.3 Post-Termination. Upon termination, you have 30 days to retrieve your work product. After 30 days, we may delete or repurpose systems and content.
7.1 Our Warranties. We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards.
7.2 No Other Warranties. We disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
7.3 Third-Party Tools. We are not responsible for third-party platforms (Google, OpenAI, Anthropic, etc.) or their policies. Your use is governed by their terms.
8.1 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.
8.2 Jurisdiction. Both parties submit to the exclusive jurisdiction of the federal and state courts located in Wyoming.
8.3 Dispute Resolution. Before litigation, the parties agree to attempt good-faith negotiation for 30 days.
9.1 Entire Agreement. These Terms, together with any SOW or proposal, constitute the entire agreement and supersede all prior agreements.
9.2 Modifications. We may modify these Terms by posting a revised version. Your continued use constitutes acceptance.
9.3 Severability. If any provision is invalid, the remainder shall continue in full force.
9.4 Assignment. You may not assign these Terms without our written consent. We may assign to affiliates or successors.
For questions, disputes, or service-related matters, contact:
Marketing Enigma AI
Email: hello@marketingenigma.ai
Location: Wyoming, USA
Questions about our terms?
Book a call to discuss your specific needs.