MosierData's Terms Of Use

Integrated Terms of Service & Service Agreement (Draft for Review)

Effective Date: April 1, 2025
Last Updated: February 2026

1. Agreement to Terms

By accessing the MosierData website, downloading any resource, using any software or services, or booking a consultation, you agree to the following terms and conditions as outlined herein. These Terms apply to all users of our services, including but not limited to website design, PPC management, hosting, AI-enabled services, marketing attribution and analytics (ROI Insights), and digital marketing.

2. Ownership of Materials

All content, code, frameworks, and deliverables produced under this agreement remain the property of Mosier Information Services, Inc. until full payment is received. Unauthorized reproduction or redistribution is strictly prohibited.

Exception — Client-Owned Infrastructure (ROI Insights and Analytics Services): Where MosierData configures analytics platforms, tracking tools, or advertising accounts on behalf of the client, those accounts and the data within them are owned by the client. This includes, but is not limited to, Google Analytics properties, Google Tag Manager containers, Google Ads accounts, Google Business Profiles, and call tracking platform accounts created in the client’s name. MosierData retains ownership of proprietary dashboard templates, report frameworks, automation workflows, and internal processes used to deliver the service, not the data those tools produce. Upon termination, the client retains full ownership of and access to all client-owned accounts and data.

3. Usage Rights

Resources, templates, and tools may be used internally within your business but may not be resold, redistributed, or white-labeled without written consent. Deliverables are for the client’s direct use and must remain within the agreed scope of service.

4. Scope of Services

MosierData provides services including, but not limited to:

Website Design and Development (via WordPress and related integrations)
Hosting and Maintenance
PPC and Digital Advertising Management
Lead Generation and CRM Automation
AI-Enhanced Content, Workflows, and Training Systems
Marketing Attribution and Analytics (ROI Insights) — including call tracking implementation, UTM tagging, analytics configuration, automated reporting dashboards, ongoing performance monitoring, and proactive alert systems
Digital Asset Audit and Recovery — access recovery for client-owned platforms as a standalone pre-engagement service

Each project will have a defined scope. Changes to this scope may require a written amendment and may incur additional fees.

5. Client Responsibilities

You agree to:

Provide necessary access and information in a timely manner
Assign a primary point of contact with decision-making authority
Review and approve deliverables promptly
Pay all invoices by due dates

Additional responsibilities for Attribution and Analytics (ROI Insights) clients:

Provide or facilitate access to all relevant marketing platforms (Google Ads, Google Analytics, Google Business Profile, WordPress, hosting) during the onboarding process. Onboarding is defined as the connection and configuration of accessible accounts. Recovery of lost, locked, or disputed account access is a separate engagement and is not included in the standard onboarding scope.
Maintain active payment for third-party software accounts provisioned during onboarding (e.g., call tracking platforms). These accounts are billed directly to the client by the third-party provider. MosierData is not responsible for service interruptions caused by lapsed third-party payments.
Respond to tracking-related alerts (e.g., missed call notifications, spend anomalies) in a timely manner. Automated alerts are informational and do not constitute a guarantee of outcome.
Notify MosierData of changes to the client’s marketing infrastructure — including new advertising campaigns, website redesigns, phone number changes, CRM migrations, or agency transitions — that may affect tracking accuracy or data integrity.

6. No Guarantees

While we employ best practices and data-driven methods, MosierData does not guarantee specific performance outcomes (e.g., search rankings, ad conversions, lead volume, cost per lead improvements). Success depends on variables outside our control, including market conditions, competition, and your internal processes.

Attribution and analytics services measure and report on marketing performance — they do not control it. Dashboard data, automated alerts, and monthly reports reflect the performance of your marketing channels as accurately as available data allows, but MosierData does not guarantee the accuracy of data provided by third-party platforms (Google, Meta, call tracking providers, etc.) nor the completeness of attribution in cases where user behavior, browser privacy settings, or platform limitations prevent full tracking.

Estimated financial figures displayed in dashboards and reports (e.g., “Potential Revenue Lost,” “Ad Spend Saved”) are calculated using client-provided inputs such as average job value and are intended as directional business intelligence — not as audited financial statements.

7. AI Usage Disclosure

MosierData integrates artificial intelligence tools to improve speed, accuracy, and effectiveness of our services. These tools include:

GPT agents trained on business-specific content
AI-assisted content creation
Workflow automation
Automated monitoring and alert systems

Our Principles for Ethical AI Use:

Transparency: You’ll always be informed when AI is used.
Control: You retain full ownership and editorial rights to outputs.
Privacy: No client-specific data is shared with public tools without permission.
Accountability: All deliverables are reviewed by humans.

8. PPC and Advertising Management Terms

By engaging MosierData for paid advertising, you agree to the following:

Billing & Spend: You are responsible for ad spend costs in addition to MosierData’s management fee.
Access: You will provide timely access to ad platforms (e.g., Google Ads, Meta) and business assets.
Approvals: Creative assets and campaign strategies will be shared for review; final ads are not published without client sign-off.
Tracking & Reporting: MosierData will install tracking pixels, create conversion goals, and provide regular reporting as agreed in the project scope.

9. Attribution and Analytics Service Terms (ROI Insights)

By engaging MosierData for marketing attribution and analytics services, you agree to the following additional terms:

9a. Onboarding and Access

Onboarding includes the connection and configuration of platforms to which the client has existing, active access. If access recovery is required (e.g., recovering credentials for accounts created by former agencies, resolving ownership disputes on Google Business Profile, reclaiming accounts tied to inactive email addresses or two-factor devices), a separate Digital Asset Audit and Recovery engagement is required prior to the start of the standard onboarding process. This engagement is billed as a flat fee as quoted in the project proposal and must be completed before the onboarding timeline begins.

9b. Third-Party Software and Pass-Through Costs

ROI Insights services may require third-party software accounts (e.g., WhatConverts, Looker Studio, Google Tag Manager) provisioned in the client’s name. MosierData does not mark up or resell third-party software. The client is responsible for maintaining active subscriptions and payment on all third-party accounts. MosierData is not liable for data loss, service interruption, or tracking failure caused by the client’s lapsed third-party subscriptions.

9c. Dashboard and Reporting

MosierData will build and maintain an automated reporting dashboard for the duration of the engagement. The dashboard template, layout, and design are proprietary to MosierData. The data displayed in the dashboard belongs to the client. Upon termination, the client retains access to all underlying data sources (Google Analytics, Google Ads, call tracking platform) but does not retain access to MosierData’s proprietary dashboard template.

9d. Automated Monitoring and Alerts

MosierData deploys automated monitoring systems that detect and notify the client of predefined conditions (e.g., missed call spikes, spend anomalies, tracking outages). These alerts are generated by automated workflows and delivered via SMS and/or email. Automated alerts are provided as a value-added component of the service and are not guaranteed to capture every possible event. MosierData is not liable for missed alerts due to platform outages, webhook failures, notification delivery failures, or third-party system downtime. Alert thresholds and delivery preferences are configured during onboarding and may be adjusted upon request.

9e. Support and Communication

Your ROI Insights retainer includes the following support:

Monthly Deliverables: Automated reporting dashboard (updated daily), monthly performance report with analysis and recommendations, monthly strategy call (30 minutes, scheduled in advance), ongoing negative keyword management and waste reduction, automated proactive alerts per defined triggers.
Ad Hoc Support (Business Hours): Questions about your dashboard, performance explanations, minor campaign adjustments, and UTM updates. Response within 1 business day, Monday–Friday, 9am–5pm ET. Support is provided via email and text.
Emergency Support: If your tracking infrastructure experiences a confirmed outage (tracking numbers not forwarding, ad account suspended, tracking system completely offline), we provide same-business-day response with best-effort after-hours acknowledgment for issues reported via text.
What’s Not Included: Website design or development, Google Ads campaign creation or full management, SEO services, social media management, content creation, or CRM administration. These services are available as separate engagements.

9f. Tier Changes and Pricing Adjustments

Service tiers and monthly pricing may be adjusted based on changes in the client’s advertising spend, number of locations, campaign complexity, or support requirements. Tier graduation criteria are defined in the service proposal. The client will receive 30 days’ written notice before any tier change or pricing adjustment takes effect.

10. Data and Confidentiality

We agree to keep your proprietary information confidential. You agree to use any MosierData tools or templates for your business only. Data security practices follow industry standards and platform-specific guidelines.

For attribution and analytics clients: MosierData may access the client’s advertising accounts, analytics platforms, call tracking data, and website backend for the purpose of delivering the agreed services. MosierData will not share client data with third parties except as required to deliver the service (e.g., connecting data sources to reporting platforms). MosierData will not use client data for purposes unrelated to the client’s engagement. Upon termination, MosierData will remove its own access to client accounts within 30 days unless otherwise agreed.

11. External Links & Resources

We may reference or link to third-party tools and websites. MosierData is not responsible for their availability, policies, or content.

12. Limitation of Liability

MosierData’s total liability for any claim arising out of or related to these terms or the services provided shall not exceed the total fees paid by the client in the three (3) months preceding the event giving rise to the claim. MosierData is not liable for indirect, incidental, consequential, or punitive damages including but not limited to lost revenue, lost leads, data loss, or business interruption — whether arising from service delivery, platform outages, third-party failures, or termination of the engagement.

13. Termination & Cancellation

Either party may terminate a service agreement with 30 days’ written notice. Upon termination, outstanding balances remain due, and partial work will be billed accordingly.

Additional termination terms for ROI Insights engagements:

Onboarding fees are non-refundable once platform configuration has begun.
Digital Asset Audit and Recovery fees are non-refundable once recovery work has begun.
Upon termination, MosierData will remove its platform access (Google Ads MCC, Google Analytics, Google Tag Manager, call tracking admin) within 30 days.
The client retains ownership of all accounts provisioned in their name, all analytics data, all tracking numbers (subject to the client maintaining their own call tracking subscription), and all historical data within those platforms.
The client does not retain access to MosierData’s proprietary dashboard templates, automation workflows, or internal reporting tools.
Founding Client pricing: Founding rates are locked for 12 months from the date of first invoice. After the lock period, pricing transitions to the standard rate for the client’s current tier. This transition will be communicated at least 60 days in advance.

14. Changes to These Terms

MosierData reserves the right to modify these terms at any time. Continued use of our website or services after updates constitutes acceptance of the revised terms.

15. Contact Information

Questions regarding these terms can be directed to:

Email: [email protected] Mailing Address: 211 E. Main St., Suite 213, Lakeland, FL 33801

Lakeland-Based • Serving Central Florida Since 2005

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