Do you want your business to be found on Google?
Do you want your business to be found on Google?
Last updated: [Date]
These Terms explain how Business Profile Pro works with you, whether you are just visiting our website, starting a plan, or hiring us to do marketing work for your business.
In plain English
Contents
Business Profile Pro (“BPP”, “we”, “us”) is a marketing agency and software provider for local businesses. BPP is operated by [Legal entity name], a [State] [entity type], located at [Address].
These Terms and Conditions (the “Terms”) are a legal agreement between you and us. They apply to our website at businessprofilepro.com, our client portal and software, our monthly plans, and our done-for-you services, including branding, website service, social media management, video services, SEO and AI search, AI bots, and white-labeled software tools (together, the “Services”).
By visiting our website, creating an account, starting a trial, paying for a plan, or asking us to start work, you agree to these Terms and to the documents they refer to: our Privacy Policy, Acceptable Use Policy, SMS Terms, AI Use Policy, Refund and Cancellation Policy, and Data Processing Summary. If you do not agree, please do not use the Services.
If we give you a written proposal, order form or statement of work (an “Order”), it forms part of this agreement. If an Order conflicts with these Terms, the Order controls for that project only.
In these Terms, “you” means the business or person using the Services. If you sign up for a business, you confirm that you have authority to bind that business, and “you” includes that business.
You must be at least 18 years old [Confirm minimum age] and able to form a binding contract. The Services are meant for businesses and professionals, not for personal, family or household use [Confirm].
You must not use the Services if you are barred from receiving them under US law or if we have previously ended your account for a serious violation.
Some Services need an account. You agree to give accurate, current information and to keep it up to date, including your billing and contact details.
You are responsible for your login details and for everything that happens under your account. Please keep your password private and tell us right away at [legal@email] if you think someone else has accessed your account.
You are responsible for the people you add to your account. Please add only team members who need access, and remove them when they leave.
We provide the Services described on our website, on our pricing page and in your Order. Plans bundle marketing software and, depending on the plan, certain support or done-for-you work. Our done-for-you services are described on each service page and in your Order.
The scope of each plan or service is what the plan page or Order says at the time you buy [Owner: confirm that plan details are kept current on the pricing page]. Work outside that scope, such as extra pages, extra revisions, or additional channels, may need a new Order or an additional fee, which we will tell you about before we start.
Our software platform is built with third-party technology providers. We may change providers, features and integrations from time to time, as long as the core Service you bought stays substantially the same.
We may use employees, contractors and trusted partners to deliver the Services. We remain responsible for their work under these Terms.
Plans are sold on a monthly basis [Confirm: monthly plans only]. Current plans and prices are on our pricing page. Setup fees, one-time services and add-ons are described in the Order or on the service page. [Owner: add setup fee amounts for Website Service and any other one-time fees]
Payments are processed by Stripe, a third-party payment processor. By giving us a payment method, you authorize us (and Stripe) to charge it for all amounts due under these Terms, including recurring plan fees, setup fees, add-ons and taxes. We do not store full card numbers on our own systems.
Billing cycle. Monthly plans are billed in advance on the same day each month, starting [Billing start: confirm, for example the day your trial ends or the day you sign up].
Taxes. Prices do not include sales, use, VAT or similar taxes, which we will add where required.
Failed payments. If a payment fails, we may retry it, ask you to update your payment method, and pause or suspend the Services until you pay what is owed. [Confirm: grace period and late fee, if any.]
Price changes. We may change plan prices. We will tell you by email at least [30 days] before a change affects you. If you do not agree, you can cancel before the new price starts.
Disputes about a charge. If you think a charge is wrong, please contact us at [legal@email] within [60 days] so we can fix it quickly. Please contact us before starting a chargeback with your bank. We may suspend the Services while a charge is disputed.
We may offer a free trial on some plans. At the time of writing, a 7-day free trial is offered on the Essentials and Business Plus plans only, and a payment card is required to start it [Confirm current trial offer]. Trials are not offered on other plans or on done-for-you services.
[Trial terms: confirm what happens at the end of the trial, including the date and amount of the first charge, and whether the card is charged automatically unless you cancel before the trial ends.]
You can cancel during the trial from [Cancellation method: confirm, for example account settings or an email] so you are not charged. One trial per business. We may refuse or end a trial if we think it is being abused.
Monthly plans renew automatically at the end of each billing period until you cancel. By starting a paid plan, you agree to this automatic renewal and to be charged the then-current price each month until you cancel.
How to cancel. You can cancel at any time by [Cancellation method: confirm, for example from your account or by email to the legal contact address]. You will receive a confirmation. [Cancellation terms: confirm notice period, for example cancel before the next billing date to avoid the next charge.]
What happens after you cancel. Unless we say otherwise in writing, cancellation takes effect at the end of your current paid billing period, and you keep access until then [Confirm]. We do not give partial-month credits [Confirm]. Work already delivered stays yours, subject to section 11.
Cancelling a plan does not cancel separate Orders, unless the Order says so. Any minimum term in an Order is stated in that Order. [Owner: confirm whether any minimum commitment applies.]
More detail is in our Refund and Cancellation Policy.
[Refund terms: confirm. Choose and state clearly, for example: no refunds on monthly fees after the trial; setup fees non-refundable once work has started; refunds only where we failed to deliver what the Order promised.]
Ad spend paid to Google, Meta or any other platform is never refunded by us (see section 14). Fees paid to third parties on your behalf, such as domain registration, stock licenses or messaging carrier registration fees, may be non-refundable [Confirm].
Nothing in this section limits any refund or cancellation right you have under law that cannot be waived.
We can only do our best work with your help. You agree to:
If you approve something, or do not respond within the review window, we may treat it as approved and publish it. Delays on your side can delay delivery, and timelines move accordingly. We are not responsible for results that are affected by missing information or late approvals.
Some industries have special advertising rules, such as health, legal, financial, home improvement, and cannabis. You are responsible for knowing the rules for your industry. We are not a law firm and do not review your marketing for legal compliance [Confirm].
“Your Content” means anything you give us or upload to the Services, such as your logo, photos, videos, text, product details, customer lists, reviews, and business information.
You keep ownership of Your Content. You give us a non-exclusive, worldwide, royalty-free license to use, copy, edit, format, store and display Your Content as needed to provide the Services to you, including publishing it on your behalf. This license ends when the Services end, except for copies in backups, and for content already published that you have not asked us to remove.
You promise that you own Your Content or have permission to use it, and that it does not infringe anyone else’s rights, include private information you are not allowed to share, or break the law. If you give us photos of people, you confirm that you have the right to use them for marketing.
You are responsible for the contact lists and customer data you bring into the Services, and for having the right to use them, including consent to contact people by text, email or phone (see section 15).
“Deliverables” are the finished work we create specifically for you under an Order, such as logo files, brand guides, website copy and design, social posts, graphics and videos.
Transfer on payment. Once you have paid for a Deliverable in full, we assign to you our rights in that Deliverable, except as stated below. Until you have paid in full, we may withhold final files and your use is limited to review.
What we keep. We keep all rights in our pre-existing materials and in things we use to do the work, including our software, templates, frameworks, processes, code, methods, know-how, and general skills. If a Deliverable includes any of these, we give you a non-exclusive, perpetual license to use that part as part of the Deliverable.
Third-party materials. Stock photos, fonts, music, plugins and other third-party materials are licensed under their own terms. Those licenses may be limited or may need renewing, and they do not transfer to you unless the license allows it. [Confirm: how licensed stock and font costs are handled.]
Websites we host. If we build and host your website as a monthly service, the website is made available to you as long as your subscription is active. [Confirm: what you can take with you if you cancel, for example your content, text, images and domain, versus the site build itself.] Domain names should be registered in your name wherever possible [Confirm].
AI-assisted work. Some Deliverables are created with the help of AI tools. The law on who owns AI-generated material is still developing, so we cannot promise that every AI-assisted element can be protected by copyright (see section 16).
Portfolio. Unless you tell us in writing that you do not want this, we may show publicly visible work we did for you, such as a published post or website, in our portfolio and case studies [Confirm: opt-out or opt-in]. We will not publish your confidential information or your results numbers without your permission.
Our Services depend on third-party platforms and providers, including Google (for example Search, Business Profile and Google Ads), Meta (Facebook and Instagram), other social and advertising networks, Stripe, web hosting, domain registrars, email and text delivery providers, telephone carriers, and AI providers.
These companies set their own rules, prices, algorithms and approval processes, and they can change them, suspend accounts, reject ads or remove content at any time and without telling us. We do not control them, and we are not responsible for what they do. Your use of their products is also subject to their own terms and policies, which you agree to follow.
Business Profile Pro is not affiliated with, sponsored by or endorsed by Google, Meta or any other third party named on our site. Their names and trademarks belong to their owners and are used only to describe what we work with.
If a third-party service is unavailable, changes, or ends, we will use reasonable efforts to adapt, but we are not liable for delay, loss or extra cost caused by it.
We cannot and do not promise specific results. Marketing results depend on many things outside our control, including your market, competitors, budget, reviews, seasonality, search engine and social platform changes, and customer behavior.
In particular, we do not guarantee any ranking position on Google or any other search engine or AI assistant, number of calls, leads, followers, views, reviews, appointments, sales, revenue, or return on investment. Examples, projections and sample figures on our site or in our conversations are illustrations only and are not promises.
Our commitment is to carry out the Services described in your plan or Order with reasonable skill and care, and in a professional manner.
Unless an Order says otherwise, our fees do not include advertising spend. Ad budgets are paid to the advertising platform, either directly by you or, if we agree in writing, through us. [Confirm: whether you manage ad spend billing and what management fee applies.]
You are responsible for ad spend you approve, including budget increases you ask for. Ad platforms may charge for invalid or low-quality clicks, and we cannot always get these credited. We are not responsible for ad spend that is wasted, refused, or credited back by the platform.
You should set a monthly ad budget you are comfortable with and tell us if you want it changed. Ad platform accounts should stay in your name, so that you keep access and control.
Our software lets you send text messages (SMS and MMS), emails and make or receive calls, and our AI bots and tools can reply on your behalf. When you use these tools, you are the sender, and you are responsible for following the law. This includes the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the Telemarketing Sales Rule and Do Not Call rules, state telemarketing and “mini-TCPA” laws, call-recording laws, and carrier and industry rules, including A2P 10DLC registration and the CTIA messaging guidelines.
You agree to:
Carriers and platforms may filter, delay, block or reject messages. We do not guarantee delivery, and we are not responsible for blocked or filtered messages. We may suspend messaging or calling at any time if we think it breaks the law or carrier rules, puts our systems at risk, or leads to complaints.
We are not a law firm and cannot give legal advice. You should talk to your own attorney about your marketing and consent practices. Our SMS Terms apply to text messages we send ourselves.
Some Services use artificial intelligence, including our AI bots (website chat, text, social DM and voice) and tools that help draft content. How these work, and what we ask of you, is covered in our AI Use Policy.
AI can be wrong, can produce similar output for different users, and can misunderstand a question or a caller. You are responsible for reviewing AI-generated content and for the information you give an AI bot to work from, and for setting it up so it does not give advice or make promises you cannot keep. Our AI bots are designed to hand a conversation to a person when you set them up to do so, but we cannot guarantee that every situation will be handled correctly.
AI providers that help us run these features may process the content you provide. We do not use your content to train our own AI models [Confirm], and we ask providers to handle it under terms that restrict the use of your content [Confirm provider terms]. See the Privacy Policy.
If we build, host or manage a website for you, you confirm that you own or have the right to use the domain, text, images and other materials on it.
We aim to keep hosted websites running well, but we do not guarantee uninterrupted access. Maintenance, third-party outages, attacks and events outside our control can cause downtime. [Optional: describe any uptime or response commitment. Do not state one unless it is true.]
You are responsible for making sure that your website complies with laws that apply to it, such as accessibility, privacy notices, cookie consent, and rules for your industry. We can help set these up, but compliance remains your responsibility. [Confirm: whether any accessibility or legal-page setup is included in the Website Service.]
Where we build or manage your Google Business Profile or review requests, you agree not to buy, fake or selectively ask for reviews, and to follow the platform’s review rules and applicable law.
You agree to use the Services lawfully and in line with our Acceptable Use Policy. In short, you may not use the Services to send spam, publish false or misleading claims, infringe other people’s rights, harass anyone, break platform rules, or harm our systems or other customers.
We may remove content, pause campaigns or suspend accounts that break these rules or that we reasonably believe put us, you or others at legal or security risk.
“Confidential Information” means non-public business, financial, technical or customer information that one party gives the other and that is marked as confidential or would reasonably be understood to be confidential, such as your login details, customer data and our pricing and methods.
Each party will use the other’s Confidential Information only to perform or receive the Services, will protect it with reasonable care, and will not disclose it except to employees, contractors and advisers who need to know and are bound by similar duties, or when the law requires it. These duties do not apply to information that is public through no fault of the recipient, was already known to the recipient, was independently developed, or was received from a third party that had the right to share it.
These duties continue for [2 years] after the Services end, and for as long as the information stays confidential for customer personal data and trade secrets.
[Optional clause: owner decision. Keep, edit or delete this section with your attorney. Enforceability of non-solicitation clauses varies by state.] During the Services and for [12 months] afterwards, you agree not to directly hire or solicit for hire any BPP employee or contractor who worked on your account, unless we agree in writing. General job advertisements not aimed at our team are fine.
Our website, software, logos, text, graphics, videos and other content (the “Site Content”) belong to us or our licensors and are protected by copyright, trademark and other laws. We give you a limited, revocable, non-exclusive license to view and use the Site Content for your own business information needs. You may not copy, resell, scrape, reverse engineer or make derivative works from it, except as the law allows.
Please do not use our name or logo without written permission. Examples and illustrations on the site, including sample data, sample customer names and illustrative photos, are described in our Disclaimer.
If you send us feedback or ideas, you agree that we may use them without paying you or crediting you.
If you believe content on our site infringes your copyright, email [legal@email] with a description of the work, where it appears on our site, your contact details, and a statement made under penalty of perjury that you are the owner or authorized to act for the owner. [Owner: consider registering a designated copyright agent with the US Copyright Office.]
Our Privacy Policy explains how we collect and use personal information. For information about your own customers that we process for you, see the Data Processing Summary.
The services and the website are provided “as is” and “as available”. To the fullest extent the law allows, we make no warranties of any kind, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the services will be uninterrupted, secure or error-free, that any results will be achieved, or that third-party platforms or AI output will be accurate or available.
Some places do not allow certain disclaimers, so some of this section may not apply to you. See also our Disclaimer.
To the fullest extent the law allows, we and our owners, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost goodwill, lost data, or business interruption, even if we were told they were possible.
Our total liability for all claims relating to the services or these terms will not exceed the amount you paid us for the services in the [12] months before the event that gave rise to the claim [Confirm cap].
These limits apply whatever the legal theory (contract, tort including negligence, or otherwise). They do not limit liability that cannot be limited by law, and they do not limit your duty to pay fees you owe or your duty under section 25.
You agree to defend, indemnify and hold us harmless, along with our owners, employees and contractors, from claims, damages, fines, penalties, costs and expenses (including reasonable attorneys’ fees) that come from: Your Content; your marketing messages, calls and emails, including consent and compliance with texting, email and telemarketing laws; your use of the Services in breach of these Terms or the law; and claims from your customers or contacts about your products or services.
We will tell you promptly about a claim and give you reasonable help at your cost. You may not settle a claim in a way that admits fault for us without our written agreement.
You can stop using the Services and cancel as explained in section 7.
We may suspend or end the Services, with or without notice, if you do not pay, break these Terms or the Acceptable Use Policy, create legal, security or reputation risk for us, or if we stop offering the Services. If we end a plan for reasons other than your breach, we will [refund any prepaid fees for the unused part of the current period: confirm].
When the Services end: your access stops; you must pay all amounts owed; we may delete your account data after a reasonable time, and we will give you a reasonable chance to export your content and contacts first if you ask us within [30 days] [Confirm]; and sections that by their nature should continue (such as ownership, payment, disclaimers, liability, indemnity, confidentiality and dispute terms) will continue.
Talk to us first. If you have a problem, please email [legal@email] and give us [30 days] to try to fix it before starting any formal claim.
Governing law. These Terms are governed by the laws of the State of [State], without regard to its conflict-of-law rules. Federal law applies where it must.
Courts. Unless the optional arbitration clause below is kept, any claim that is not resolved informally must be brought in the state or federal courts located in [County and State], and you and we agree to those courts having jurisdiction. Either of us may use small claims court for a qualifying claim.
[Optional clause: owner decision. Binding individual arbitration with a class action waiver. Decide with your attorney whether to keep it, and which arbitration organization, location and rules to use.] If you keep this clause: any dispute that cannot be resolved informally will be decided by final and binding arbitration on an individual basis, administered by [Arbitration organization] under its rules, in [City, State] or by video, instead of in court, and not as a class, collective or representative action. Either of us may bring a qualifying claim in small claims court, and either may ask a court for emergency relief to protect intellectual property or confidential information. You may opt out of arbitration within [30 days] of first accepting these Terms by emailing [legal@email].
Neither of us is liable for a delay or failure to perform (other than a duty to pay) caused by events beyond reasonable control, such as natural disasters, outages of internet, power or hosting services, platform or carrier outages, strikes, war, terrorism, pandemics, or government actions. The affected party will notify the other and resume as soon as it reasonably can.
We may update these Terms. We will post the new version on this page with a new “Last updated” date. If a change is material, we will also tell you by email or in your account at least [30 days] before it takes effect [Confirm]. If you keep using the Services after a change takes effect, you accept the new Terms. If you do not agree, you can cancel before then.
We may also change, add or remove features of the Services. If we remove a major paid feature, we will tell you in advance where we can.
Questions about these Terms? Contact [Legal entity name], [Address], [legal@email]. You can also reach us through our contact page.
Business Profile Pro is a marketing agency for local businesses. Questions about this document? Email [legal@email] or contact us.
