Terms of Service.

Effective Date: October 14, 2026
Last Updated: October 14, 2026

1. Introduction and Acceptance of Terms

Welcome to The MSP Marketing and MSPOS.

These Terms of Service ("Terms") govern your access to and use of websites, products, software, marketing services, customer relationship management tools, artificial intelligence features, and other services provided by The MSP Marketing ("Company," "we," "us," or "our").

The MSP Marketing is based in Bakersfield, California, and operates the following websites:

• The MSP Marketing: https://themspmarketing.com

• MSPOS: https://mspos.tech

MSPOS is a proprietary marketing and sales operating system offered as a product of The MSP Marketing.

These Terms apply to visitors, prospective customers, subscribers, authorized users, and business customers accessing or using our websites, products, or services.

By accessing or using our services, creating an account, purchasing a subscription, or otherwise accepting these Terms, you agree to be bound by them.

If you are accepting these Terms on behalf of a business or organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not use the applicable services.

2. Description of Services

The MSP Marketing provides marketing strategy, consulting, digital marketing, marketing automation, sales enablement, and related professional services.

MSPOS is a marketing and sales operating system designed primarily for managed service providers (MSPs) and business technology organizations.

Depending on the subscription, service agreement, and features enabled, MSPOS may provide:

• Customer relationship management (CRM)

• Contact and prospect management

• Marketing automation

• Email marketing and nurturing campaigns

• Landing pages and lead capture forms

• Behavioral engagement tracking

• Lead scoring and qualification

• Marketing-qualified lead identification

• Sales pipeline management

• Sales task management and follow-up workflows

• Appointment scheduling

• Marketing and sales reporting

• AI-assisted sales administration

• Third-party software integrations

• Other marketing, sales, and automation capabilities

Certain features may be provided through third-party technology platforms, service providers, or integrations.

We may modify, enhance, replace, or discontinue features as our products and services evolve, subject to applicable contractual obligations.

Not all features are available under every subscription or service arrangement.

3. Eligibility and Authorized Use

Our services are intended primarily for businesses and professional users.

You must be at least 18 years old and legally capable of entering into a binding agreement to purchase or subscribe to our services.

You agree to provide accurate, current, and complete information when registering for an account or purchasing services.

If you use MSPOS on behalf of an organization, you are responsible for ensuring that your organization's authorized users comply with these Terms.

You may not use our services for unlawful, fraudulent, deceptive, abusive, or unauthorized activities.

4. Account Registration and Security

Certain services require account registration or authorized access.

You are responsible for:

• Maintaining the confidentiality of login credentials

• Restricting access to authorized users

• Maintaining accurate account information

• Managing user permissions

• Promptly removing access for former employees or contractors

• Notifying us of suspected unauthorized account activity

• Ensuring that account users comply with applicable laws and these Terms

You are responsible for activities conducted through your account to the extent permitted by applicable law.

We may implement authentication, account verification, or additional security requirements to protect the platform and its users.

We reserve the right to restrict access where reasonably necessary to address security threats, unauthorized activity, or violations of these Terms.

5. Subscriptions, Fees, and Payment Terms

Certain services are provided through paid subscriptions, service agreements, implementation fees, or other commercial arrangements.

Pricing, payment schedules, included services, and subscription terms will be described in the applicable order form, proposal, subscription agreement, or checkout process.

By purchasing paid services, you agree to pay the applicable fees and charges.

Recurring Subscriptions

If you enroll in a recurring subscription, you authorize the applicable payment method to be charged according to the billing terms disclosed at purchase.

Subscriptions may renew automatically when disclosed in the applicable agreement or checkout process.

Additional Services

Additional fees may apply for services such as:

• Initial setup and implementation

• Account configuration

• Data migration

• Custom workflow development

• Advanced integrations

• Additional users or service capacity

• Premium functionality

• Professional consulting

• Custom development

• Additional marketing services

Any additional fees will be governed by the applicable service agreement or an approved purchase.

Failed Payments

If payment is unsuccessful, we may notify you and provide an opportunity to update your payment information.

Continued nonpayment may result in suspension or termination of paid services, subject to applicable agreements and law.

Taxes

Applicable taxes may be added to charges where required by law.

Refunds

Refund eligibility, if any, is determined by the applicable service agreement, order form, or purchase terms, subject to applicable law.

Unless otherwise stated in a separate written agreement, payments for services already performed are generally nonrefundable to the extent permitted by law.

6. Subscription Changes and Cancellation

Customers may request changes to or cancellation of their subscriptions according to the terms of their applicable service agreement.

Cancellation does not automatically eliminate outstanding charges or contractual commitments incurred before the effective cancellation date.

Unless otherwise specified in the applicable agreement, cancellation of a subscription does not require us to continue providing paid services beyond the applicable service period.

Customers are responsible for requesting or exporting their information before account termination, subject to available export functionality and contractual terms.

Additional data retention and deletion provisions may apply under customer agreements or applicable law.

7. Customer Data and Ownership

Customers retain their applicable ownership and other rights in the contact records, prospect information, customer information, business content, and other materials they lawfully provide or upload to MSPOS ("Customer Data").

The MSP Marketing does not claim ownership of Customer Data merely because it is stored or processed through MSPOS.

Customers grant The MSP Marketing and its authorized service providers a limited right to host, process, transmit, store, display, and otherwise use Customer Data as reasonably necessary to provide the contracted services, maintain security, fulfill legal obligations, and perform authorized operations.

Customers represent that they have the necessary rights, permissions, and lawful authority to collect, upload, use, and process Customer Data.

Customers are responsible for the accuracy, legality, and appropriate use of their contact databases.

The MSP Marketing may process Customer Data on behalf of customers according to applicable agreements, including a Data Processing Agreement where required.

8. Customer Responsibilities and Legal Compliance

Customers are responsible for ensuring that their use of our services complies with applicable laws, regulations, and industry requirements.

This includes laws governing:

• Commercial email communications

• Telephone and text message marketing

• Consumer privacy

• Data protection

• Advertising and marketing claims

• Intellectual property

• Consumer protection

• Data collection and tracking

• Automated communications

• Contact consent and unsubscribe requests

Customers are responsible for maintaining appropriate privacy notices and obtaining legally required permissions before collecting, importing, tracking, or communicating with individuals.

The availability of a feature within MSPOS does not mean that every use of that feature is lawful in every jurisdiction.

Customers must independently ensure their marketing and sales practices comply with applicable legal requirements.

9. Email Marketing and Communications

MSPOS may provide tools for sending email campaigns, educational communications, automated sequences, and other business messages.

Customers agree not to use these tools to distribute:

• Unlawful spam

• Fraudulent or deceptive messages

• Phishing communications

• Malicious software

• Misleading sender information

• Content that violates applicable law

• Communications sent without legally required permissions

Customers are responsible for providing accurate sender identification, legally required disclosures, appropriate unsubscribe mechanisms, and lawful contact practices.

We may suspend or restrict messaging functionality when reasonably necessary to address unlawful activity, deliverability problems, security concerns, or violations of applicable service requirements.

We do not guarantee email delivery, inbox placement, open rates, click-through rates, or campaign performance.

10. SMS, Telephone, and Automated Messaging

Where supported, MSPOS may provide telephone, SMS, and automated messaging functionality.

Customers are responsible for complying with applicable laws and requirements governing these communications, including the Telephone Consumer Protection Act and other applicable federal and state laws.

Customers must obtain and maintain legally required consent before sending regulated automated calls or marketing text messages.

Customers are responsible for honoring applicable opt-out requests and maintaining appropriate consent records.

The MSP Marketing does not guarantee that customer messaging practices comply with applicable law merely because those communications are technically supported by MSPOS.

We reserve the right to restrict messaging services where reasonably necessary to prevent unlawful activity or protect the platform.

11. Behavioral Tracking and Lead Scoring

MSPOS may provide behavioral tracking, engagement analysis, and lead qualification capabilities.

Depending on the features enabled, these capabilities may analyze:

• Email engagement

• Website interactions

• Resource downloads

• Form submissions

• Appointment activity

• CRM interactions

• Marketing engagement history

• Sales communication activity

• Other relevant digital behaviors

MSPOS may use predefined rules and automated processes to identify engagement patterns, assign scores, and determine whether contacts meet marketing qualification criteria.

These features are designed to support business decision-making and sales prioritization.

Limitations of Behavioral Intelligence

Behavioral signals are indicators of potential interest and do not guarantee purchasing intent, qualification, or future business activity.

Certain tracking technologies may be affected by browser settings, privacy controls, automated security systems, email filtering, third-party restrictions, or other technical limitations.

Accordingly, tracking information may be incomplete, delayed, or inaccurate.

Customers remain responsible for reviewing prospect information and making appropriate business decisions.

Customer Tracking Responsibilities

Customers using website tracking or similar technologies are responsible for providing legally required disclosures, obtaining applicable consent, and implementing appropriate privacy controls.

Customers may not use MSPOS tracking capabilities for unlawful surveillance, unauthorized monitoring, or other prohibited purposes.

12. Artificial Intelligence and Automated Assistance

The MSP Marketing and MSPOS use or may incorporate artificial intelligence technologies provided by OpenAI, Anthropic, and other authorized AI service providers.

These technologies may support:

• CRM data interpretation

• Marketing and sales analysis

• Engagement summaries

• Administrative automation

• Content assistance

• Task management

• Sales activity recommendations

• Reporting and operational insights

AI Sales Administration

MSPOS may include Pulse, an AI-assisted sales administration capability designed to support sales personnel.

Depending on the features enabled, Pulse may summarize prospect activity, identify outstanding tasks, recommend follow-up actions, and assist with CRM administration.

Pulse is not a replacement for a human salesperson, sales manager, or business decision-maker.

AI Output Limitations

AI-generated content and recommendations may contain inaccuracies, omissions, or incomplete interpretations.

Customers and authorized users are responsible for reviewing AI-generated information before relying on it for important business decisions.

The MSP Marketing does not guarantee that AI-generated recommendations, predictions, or summaries will be error-free or produce particular results.

Third-Party AI Providers

Certain AI features may rely on third-party services governed by their applicable agreements and technical limitations.

Customers acknowledge that authorized data processing may involve these providers as described in our Privacy Policy and applicable agreements.

Customers must not submit information to AI-enabled features when doing so would violate applicable law, confidentiality obligations, or third-party rights.

13. Third-Party Platforms and Integrations

Our services may integrate with third-party applications, websites, software, APIs, hosting providers, payment processors, and automation technologies.

Certain MSPOS capabilities may depend on the continued availability and functionality of these third-party services.

We do not control all third-party platforms and cannot guarantee their uninterrupted availability, performance, compatibility, or continued support.

Third-party services may be subject to separate terms, privacy policies, fees, and usage restrictions.

We may modify or discontinue integrations when necessary due to technical, security, legal, or provider-related changes, subject to applicable contractual obligations.

14. Intellectual Property Rights

The MSP Marketing and its licensors retain all applicable rights, title, and interest in their proprietary products, technology, branding, materials, and intellectual property.

This includes, as applicable:

• The MSP Marketing name and branding

• MSPOS name and branding

• Pulse name and branding

• Proprietary methodologies

• Marketing and sales frameworks

• Platform configurations

• Software and automation architecture

• Workflow templates

• Documentation

• Training materials

• Proprietary marketing resources

• Original website content and design

Except where expressly permitted by a written agreement, customers may not copy, resell, sublicense, reverse engineer, distribute, or commercially exploit our proprietary materials.

Customers retain ownership of their own preexisting intellectual property and Customer Data.

Any rights to custom deliverables, customer-specific work, or separately purchased materials will be governed by the applicable written service agreement.

15. License to Use MSPOS

Subject to payment of applicable fees and compliance with these Terms, The MSP Marketing grants authorized customers a limited, nonexclusive, nontransferable, and revocable right to access and use MSPOS during the applicable subscription period.

This right is for the customer's authorized internal business purposes unless a separate written agreement permits otherwise.

Customers may not:

• Resell MSPOS without authorization

• Provide unauthorized third-party access

• Copy or reproduce proprietary platform components

• Reverse engineer protected software

• Circumvent security or access controls

• Interfere with platform operations

• Use the platform to develop an unauthorized competing copy

• Remove proprietary notices or branding without permission

Any rights not expressly granted are reserved by The MSP Marketing and its licensors.

16. Professional Services and Deliverables

The MSP Marketing may provide professional services including consulting, marketing strategy, campaign development, implementation, technical configuration, and ongoing marketing management.

The specific scope, responsibilities, deliverables, deadlines, and fees for professional services will be defined in the applicable proposal, statement of work, or service agreement.

Unless expressly stated otherwise in writing, services do not guarantee particular marketing, sales, revenue, search ranking, lead generation, or business outcomes.

Project timelines may depend on customer approvals, access to required systems, availability of information, and other dependencies.

Customer delays in providing necessary information or approvals may affect delivery schedules.

17. Acceptable Use and Prohibited Activities

You agree not to use our websites or services to:

• Violate applicable laws or regulations

• Engage in fraud or deceptive business practices

• Send unlawful or unauthorized communications

• Collect or process personal information unlawfully

• Infringe intellectual property rights

• Distribute malware or malicious code

• Attempt unauthorized system access

• Interfere with platform performance or security

• Circumvent usage restrictions

• Impersonate individuals or organizations

• Conduct unlawful surveillance or tracking

• Harass, threaten, or exploit others

• Use the services in a manner that creates unreasonable security or operational risks

We may investigate suspected violations and take reasonable action, including restricting or suspending access.

18. Service Availability and Maintenance

We strive to maintain reliable services but do not guarantee uninterrupted or error-free availability.

Services may occasionally be unavailable due to:

• Scheduled maintenance

• Software updates

• Third-party outages

• Internet or infrastructure disruptions

• Security incidents

• Technical failures

• Events outside our reasonable control

We may perform maintenance, updates, or changes necessary to support security, performance, and functionality.

Any specific uptime commitments or service-level guarantees must be expressly stated in a separate written agreement.

19. Suspension and Termination

We may suspend or terminate access to services where reasonably necessary because of:

• Material violations of these Terms

• Unpaid fees

• Unlawful activities

• Security threats

• Fraudulent behavior

• Misuse of platform resources

• Legal or regulatory requirements

• Material risks to other users or service providers

Where reasonably practicable and appropriate, we may provide notice and an opportunity to resolve the issue.

Upon termination, rights to access the applicable services may end.

Outstanding payment obligations and provisions intended to survive termination will remain effective to the extent permitted by law.

Customer Data handling following termination will be governed by applicable agreements, retention policies, and legal obligations.

20. Disclaimers and No Guarantee of Results

Our websites, software, AI features, and services are provided on an "as available" basis, subject to any express warranties in applicable written agreements and rights that cannot lawfully be excluded.

To the maximum extent permitted by law, The MSP Marketing disclaims implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

We do not guarantee:

• A specific number of leads

• Lead-to-customer conversion rates

• Revenue increases

• Sales appointments

• Search engine rankings

• Email deliverability or engagement

• Accuracy of all behavioral tracking data

• Accuracy of all AI-generated outputs

• Uninterrupted software availability

• Compatibility with every third-party application

• Particular marketing or sales outcomes

Marketing and sales results depend on numerous factors outside our control, including market conditions, customer participation, competitive activity, sales execution, and third-party technology.

Nothing in these Terms excludes warranties or protections that cannot legally be disclaimed.

21. Limitation of Liability

To the maximum extent permitted by applicable law, The MSP Marketing and its owners, employees, contractors, and authorized service providers will not be liable for indirect, incidental, special, consequential, or punitive damages arising from use of our services, including lost profits, lost business opportunities, or business interruption.

Except where prohibited by law or otherwise stated in a written agreement, our aggregate liability arising from a particular paid service will not exceed the fees paid by the customer to The MSP Marketing for that service during the twelve months preceding the event giving rise to the claim.

This limitation does not apply to liabilities that cannot legally be limited, including liability arising from fraud, willful misconduct, or other conduct for which applicable law prohibits limitation.

The limitations in this section apply only to the extent enforceable under applicable law.

22. Indemnification

To the extent permitted by applicable law, business customers agree to defend, indemnify, and hold harmless The MSP Marketing and its personnel against third-party claims, damages, liabilities, and reasonable expenses arising from:

• Unlawful use of the services

• Customer-provided content or data that infringes third-party rights

• Unauthorized marketing communications

• Failure to obtain legally required permissions or consent

• Customer violations of applicable laws

• Material breaches of these Terms

This obligation applies only to the extent the claim arises from the customer's acts, omissions, or responsibilities and does not require indemnification for losses caused by The MSP Marketing's own unlawful conduct.

Any additional indemnification provisions in a separately executed agreement will govern as specified in that agreement.

23. Confidentiality

During the course of providing services, either party may receive nonpublic business, technical, financial, operational, or customer information belonging to the other party.

Each party agrees to use reasonable care to protect confidential information and to use it only for authorized business purposes.

Confidential information may be disclosed to authorized employees, contractors, professional advisors, and service providers who reasonably need access and are subject to appropriate confidentiality obligations.

Confidentiality obligations do not apply to information that:

• Becomes publicly available without breach

• Was lawfully known before disclosure

• Is independently developed without use of confidential information

• Is lawfully received from an authorized third party

• Must be disclosed under applicable law or legal process

Additional confidentiality requirements may be established through separate written agreements.

24. Privacy and Data Protection

Our collection, use, and disclosure of personal information are described in our Privacy Policy.

The Privacy Policy is available through:

https://themspmarketing.com

https://mspos.tech

Customers using MSPOS may also be subject to additional data processing, security, and confidentiality provisions established in separate agreements.

Customers are responsible for maintaining appropriate privacy notices and lawful data processing practices for information they control.

25. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Subject to mandatory legal requirements and any controlling written agreement, disputes arising under these Terms will be brought before courts of competent jurisdiction in Kern County, California.

Before initiating formal legal proceedings, the parties are encouraged to attempt to resolve disputes through good-faith communication.

Nothing in this section limits rights or remedies that cannot lawfully be waived.

26. Changes to These Terms

We may update these Terms periodically to reflect changes in our services, technology, business practices, or legal requirements.

When changes are made, the Last Updated date will be revised.

For material changes affecting existing customers, we will provide notice as required by applicable law or agreement.

Changes will apply prospectively unless otherwise permitted by law and applicable contractual terms.

Continued use of the services after legally effective changes may constitute acceptance where permitted by applicable law.

27. Force Majeure

Neither party will be responsible for delays or failures in performance caused by events beyond its reasonable control, except for payment obligations and other obligations that cannot lawfully be excused.

Such events may include natural disasters, widespread infrastructure failures, government actions, labor disruptions, internet outages, cyberattacks by third parties, or other extraordinary circumstances.

The affected party will take commercially reasonable steps to minimize the impact and resume performance when practicable.

28. General Provisions

Entire Agreement: These Terms, together with applicable service agreements, order forms, and incorporated documents, govern the relevant services. Where a separately executed agreement expressly conflicts with these Terms, that agreement will control for the services it covers.

Severability: If a provision is determined to be unenforceable, the remaining provisions will remain effective to the extent permitted by law.

No Waiver: Failure to enforce a provision does not constitute a waiver of the right to enforce it later.

Assignment: Customers may not assign their rights or obligations under these Terms without our prior written consent, except where otherwise permitted by law or agreement.

Independent Parties: Nothing in these Terms creates a partnership, employment relationship, franchise, or joint venture between the parties.

Survival: Provisions concerning payment obligations, intellectual property, confidentiality, liability, indemnification, dispute resolution, and other terms intended to survive will remain effective following termination as applicable.

29. Contact Information

For questions regarding these Terms of Service, please contact:

The MSP Marketing
Product: MSPOS
Location: Bakersfield, California, USA

Websites:
themspmarketing.com
mspos.tech

Email: [email protected]
Mailing Address: 1600 Mill Rock Way, Bakersfield CA 93311

© 2026 The MSP Marketing. All rights reserved.

MSPOS is a product of The MSP Marketing.