Last updated: January 1, 2025
Please read these Terms and Conditions carefully before using Stratosmark's services. By engaging our services, submitting a form, or entering into an agreement with us, you agree to be bound by these terms.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Stratosmark ("Company," "we," "us," or "our"), governing your access to and use of our AI growth systems, automation services, and related digital products and platforms (collectively, the "Services").
By accessing our website, booking a strategy call, signing a service agreement, or using any of our Services, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you may not use our Services.
These Terms apply to all clients, visitors, and users of Stratosmark's website and services, including business owners, entrepreneurs, and their authorized representatives.
Stratosmark provides AI-powered growth systems, marketing automation, CRM configuration, lead generation infrastructure, funnel development, and related digital services, including but not limited to:
The scope of Services provided to each client is defined in the individual service agreement, proposal, or statement of work executed between the parties. Stratosmark reserves the right to modify, discontinue, or update its service offerings at any time with reasonable notice.
To use our Services, you must: (a) be at least 18 years of age or the age of majority in your jurisdiction; (b) have the legal authority to enter into binding contracts on behalf of yourself or your business; and (c) represent a legitimately operating business entity or sole proprietorship.
Stratosmark reserves the right to refuse service to any party at our sole discretion, including but not limited to businesses operating in industries that conflict with our values, applicable laws, or platform terms of service.
To ensure effective delivery of Services, you agree to:
You acknowledge that the effectiveness of AI-powered automation systems depends in part on the quality and accuracy of data, messaging, and business processes you provide. Stratosmark is not responsible for outcomes resulting from inaccurate, incomplete, or non-compliant client inputs.
Payment terms are as specified in your individual service agreement or invoice. Unless otherwise agreed in writing:
All fees are in United States Dollars (USD) unless otherwise specified. Late payments may incur a late fee of 1.5% per month on the outstanding balance. Stratosmark reserves the right to pause or suspend Services in the event of non-payment exceeding 14 days past the due date.
You are responsible for all applicable taxes, duties, and levies associated with your purchase of Services. Stratosmark will charge applicable taxes where required by law.
Due to the custom, service-based, and time-intensive nature of our work, all fees paid to Stratosmark are generally non-refundable once work has commenced.
Specific refund terms, if any, will be outlined in your individual service agreement. Stratosmark may, at its sole discretion, offer partial refunds or service credits in exceptional circumstances where deliverables have not been met due to causes within our control.
Strategy call bookings cancelled with less than 24 hours notice may forfeit any associated reservation deposit. Free strategy calls carry no cancellation fee.
Our Property: All proprietary methodologies, system frameworks, templates, software, and processes developed by Stratosmark prior to or independently of your engagement remain the exclusive intellectual property of Stratosmark.
Your Property: All content, branding, data, and materials you provide to us remain your property. Upon full payment of all fees, Stratosmark grants you a perpetual, non-exclusive license to use the custom-built systems, funnels, and automation workflows delivered to you under your service agreement.
License Restrictions: You may not resell, sublicense, or distribute the systems, templates, or methodologies we create without our express written consent.
Portfolio Rights: Unless you request otherwise in writing, Stratosmark reserves the right to reference your business name and project in our portfolio, case studies, and marketing materials.
Both parties agree to keep confidential any proprietary, sensitive, or non-public business information shared during the course of the engagement ("Confidential Information"). Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law.
This obligation of confidentiality shall survive the termination of the service agreement for a period of two (2) years.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; or (c) is independently developed by the receiving party without reference to the Confidential Information.
To the fullest extent permitted by applicable law, Stratosmark's total aggregate liability to you for any and all claims arising out of or related to these Terms or the Services shall not exceed the total fees paid by you to Stratosmark in the three (3) months immediately preceding the event giving rise to the claim.
In no event shall Stratosmark be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of data, loss of business, or business interruption — even if Stratosmark has been advised of the possibility of such damages.
This limitation applies regardless of the legal theory under which the claim is brought, including breach of contract, tort (including negligence), strict liability, or otherwise.
Stratosmark provides Services on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that our Services will be uninterrupted, error-free, or that specific results will be achieved. AI automation systems involve inherent variability, and actual outcomes depend on numerous factors outside our control, including but not limited to market conditions, lead quality, client responsiveness, and platform performance.
No income guarantees are made or implied. Any revenue projections, examples, or case studies shared are illustrative and not a guarantee of results for your specific business.
You agree to indemnify, defend, and hold harmless Stratosmark and its owners, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
By Client: You may terminate your service agreement by providing written notice as specified in your individual agreement (typically 30 days). All fees accrued or due prior to termination remain payable.
By Stratosmark: We reserve the right to terminate or suspend Services immediately upon written notice if: (a) you breach these Terms or your service agreement and fail to cure such breach within 10 business days of notice; (b) you engage in illegal, fraudulent, or harmful activities; or (c) you fail to make timely payments.
Effect of Termination: Upon termination, all licenses granted to you remain in effect for deliverables already paid for. Any work in progress that has not been paid for will be suspended until outstanding amounts are settled. Provisions of these Terms that by their nature should survive termination will survive, including Sections 7, 8, 9, 10, and 11.
Our Services may involve the setup and use of third-party platforms including GoHighLevel (GHL), email service providers, SMS gateways, AI platforms, CRM systems, and other software tools. Your use of these platforms is subject to their respective terms of service and privacy policies.
Stratosmark is not responsible for: (a) changes to third-party platform features, pricing, or availability; (b) service interruptions caused by third-party platforms; or (c) any fees charged by third-party platforms directly to you.
You are responsible for maintaining valid subscriptions and licenses to any third-party tools required for your system to operate. Stratosmark will notify you of required third-party tools during the onboarding process.
When Stratosmark builds automated SMS, email, or other communication systems for your business, you are solely responsible for ensuring all communications comply with applicable laws and regulations, including:
Stratosmark may provide guidance on compliance best practices but does not provide legal advice. You should consult a qualified attorney regarding your compliance obligations.
Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of information as described in our Privacy Policy.
Stratosmark takes the security of client data seriously and implements commercially reasonable measures to protect data shared with us. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute data security.
We will not sell, rent, or share your personally identifiable information with third parties for their marketing purposes without your explicit consent.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Stratosmark is registered, without regard to conflict of law principles.
Informal Resolution: Before initiating any formal dispute, the parties agree to attempt to resolve the dispute informally by contacting the other party in writing and engaging in good-faith negotiations for a period of 30 days.
Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of a mutually agreed arbitration body. The arbitration shall take place in the jurisdiction of Stratosmark's registered office or via video conference.
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Stratosmark reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, where practicable, by notifying active clients via email.
Your continued use of our Services after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must cease using our Services and notify us in writing.
We recommend reviewing these Terms periodically to stay informed of any updates.
If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:
Stratosmark
Email: legal@stratosmark.com
General Inquiries: hello@stratosmark.com
Website: stratosmark.com
We will respond to all inquiries within 5 business days. For urgent matters related to active service agreements, please contact your designated account manager directly.
By using Stratosmark's services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.