Terms of Service
& EULA

1. Agreement to these terms

These Terms of Service and End-User License Agreement (the "Terms" or "EULA") are a binding agreement between you ("you," "Client," or "User") and RF Marketing and Associates, LLC ("RF Marketing," "we," "us," or "our"), located at 785 East 200 South, Suite 14, Lehi, Utah 84043. They govern your use of the website rfads.com, our client portal and reporting tools, our software integrations (including the QuickBooks^® Online integration), and any related services (together, the "Services").

By accessing the Site, creating an account, connecting a third-party platform, or signing a service agreement that references these Terms, you accept these Terms and our Privacy Policy. If you are using the Services on behalf of a company, you represent that you are authorized to bind that company, and "you" refers to that company.

If you do not agree, do not use the Services.

2. Definitions

• "Client Data" means all data, content, and information you or your authorized users submit to the Services or that we receive on your behalf from a platform you connect, including QuickBooks Data.
• "QuickBooks Data" means data obtained from your QuickBooks Online company through the Intuit QuickBooks Online API after you authorize the connection.
• "Service Agreement" means a proposal, statement of work, or engagement agreement between you and RF Marketing that describes specific marketing services, fees, and terms. If a Service Agreement conflicts with these Terms, the Service Agreement controls for that engagement.
• "Software" means the client portal, dashboards, reporting tools, integrations, scripts, and any other software we make available as part of the Services.
• "Intuit" means Intuit Inc., the provider of QuickBooks Online.

3. The Services

RF Marketing provides digital marketing services, including paid search management, search engine optimization, landing pages and websites, call tracking and attribution, CRM and automation setup, and performance reporting. The Services include Software through which we deliver reports and dashboards and through which you may connect third-party platforms so that data from those platforms can be used in your reporting.

The scope, deliverables, timeline, and fees for marketing services are set out in your Service Agreement. The Site itself is informational and free to use.

4. Accounts and eligibility

• You must be at least 18 years old and able to form a binding contract.
• You are responsible for maintaining the confidentiality of any login credentials, for all activity under your account, and for ensuring that each person using the Services on your behalf is authorized to do so and complies with these Terms.
• You must provide accurate information and keep it current.
• Notify us immediately at info@rfmarketing.org of any unauthorized use.

5. License grant and restrictions

5.1 License

Subject to these Terms, RF Marketing grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software during the term of your engagement, solely for your internal business purposes and solely in connection with the Services.

5.2 Restrictions

You will not, and will not permit anyone else to:

• copy, modify, translate, or create derivative works of the Software;
• reverse engineer, decompile, disassemble, or attempt to derive source code, except to the extent applicable law expressly permits;
• sell, resell, rent, lease, lend, sublicense, or otherwise make the Software available to third parties;
• use the Software to build a competing product or service;
• remove or alter any proprietary notices;
• access the Software through automated means (bots, scrapers) except through interfaces we provide for that purpose;
• use the Services in violation of law, Intuit's terms, Google's policies, or any other third-party platform's terms; or
• interfere with the security or operation of the Services.

5.3 Reservation of rights

The Software and Services are licensed, not sold. RF Marketing and its licensors retain all right, title, and interest in the Software, including all intellectual property rights. No rights are granted except as expressly stated in these Terms.

6. QuickBooks Online integration

6.1 Authorization

The Services can connect to your QuickBooks Online company through Intuit's official API using OAuth 2.0. By completing Intuit's authorization flow you (a) represent that you are the QuickBooks company administrator or are authorized by the administrator to connect it, (b) authorize RF Marketing to access the QuickBooks Data within the scope you approve, and (c) agree that we may use that data as described in Section 4 of our Privacy Policy.

6.2 Intuit's terms apply

Your use of QuickBooks Online is governed by Intuit's own terms of service and privacy policy. RF Marketing is an independent third-party developer. We are not affiliated with, sponsored by, or endorsed by Intuit, and Intuit is not responsible for the Services. QuickBooks and Intuit are trademarks of Intuit Inc.

6.3 Our commitments

• We request only the API scopes necessary for the features you use.
• We never see or store your Intuit username or password.
• We use QuickBooks Data only to provide the Services to the company that authorized the connection: reporting, attribution, dashboards, and reconciliation of our invoices.
• We do not sell QuickBooks Data, share it with other clients or advertisers, use it for benchmarking across clients, or use it to train machine-learning models.
• We protect QuickBooks Data with the safeguards described in our Privacy Policy, including encrypted storage of OAuth tokens and encryption in transit.
• We will not create, modify, or delete records in your QuickBooks company unless you have specifically authorized a write-access feature and we have described what it does.

6.4 Your responsibilities

• Keeping your QuickBooks Online subscription in good standing. If Intuit suspends or terminates your QuickBooks account, the integration will stop working.
• Ensuring you have the right to share the QuickBooks Data with us, including any customer or vendor information it contains.
• Reviewing reports for accuracy. Reports built from QuickBooks Data depend on the accuracy and completeness of your bookkeeping; RF Marketing does not provide accounting, tax, or financial advice, and our reports are not a substitute for your accountant.

6.5 Disconnecting

You may revoke our access at any time from QuickBooks Online (Apps → My Apps) or by emailing info@rfmarketing.org. Upon disconnection we revoke our tokens, cease API access, and delete cached QuickBooks Data as described in the Privacy Policy. We may also disconnect the integration if required by Intuit, by law, or to protect the security of the Services.

6.6 Availability

The integration depends on Intuit's API, which Intuit may change, limit, or discontinue. We are not liable for unavailability, rate limits, or changes imposed by Intuit.

7. Client Data and ownership

You own your Client Data, including QuickBooks Data. You grant RF Marketing a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Client Data solely as necessary to provide the Services, to comply with law, and as otherwise permitted in these Terms and the Privacy Policy. You are responsible for the accuracy and legality of Client Data and for having the rights and consents needed to provide it to us.

We may generate aggregated or de-identified statistics about use of the Services that do not identify you, your customers, or any individual record, and use them to improve the Services.

8. Acceptable use

You agree not to use the Services to: violate any law or regulation; infringe the rights of others; transmit malware or harmful code; send spam or unsolicited communications; submit false, misleading, or fraudulent information; impersonate any person or entity; or attempt to gain unauthorized access to any system or data. We may suspend or terminate access for violations.

9. Fees and payment

Fees for marketing services are set out in your Service Agreement. Unless stated otherwise there, invoices are due within 15 days, late amounts accrue interest at 1.5% per month or the maximum allowed by law (whichever is less), and we may suspend Services for accounts more than 30 days past due after notice. Advertising media costs (for example, Google Ads spend) are paid by you directly to the platform unless your Service Agreement states otherwise. Fees are exclusive of taxes, which you are responsible for except taxes on our income.

10. Third-party platforms

The Services interoperate with third-party platforms, including Google Ads, Google Analytics, Google Tag Manager, Google Business Profile, Looker Studio, CallRail, CallTrackingMetrics, monday.com, Zapier, Calendly, Filevine, Windsor.ai, Cloudflare, and QuickBooks Online. Your use of each platform is governed by that platform's own terms and policies. RF Marketing does not control and is not responsible for third-party platforms, their availability, or their handling of your data, except as expressly set out in our Privacy Policy regarding data we receive from them.

11. Intellectual property

Except for Client Data, all content on the Site and in the Software, including text, graphics, logos, designs, code, dashboards, templates, and methodologies, is owned by or licensed to RF Marketing and protected by intellectual property laws. Deliverables created specifically for you under a Service Agreement are governed by that agreement; unless it states otherwise, you own final deliverables upon full payment and RF Marketing retains ownership of its pre-existing tools, templates, and know-how. Third-party trademarks displayed on the Site (including those of Google, Intuit, CallRail, monday.com, Zapier, Calendly, Filevine, and Cloudflare) belong to their respective owners and are used for identification only; no endorsement is implied.

12. Confidentiality

Each party will keep the other's non-public business information confidential, use it only for the engagement, and protect it with at least reasonable care. This obligation survives termination for three years, and indefinitely for trade secrets and QuickBooks Data. It does not apply to information that is public through no fault of the receiving party, independently developed, or lawfully obtained from a third party, and it permits disclosures required by law after reasonable notice where legally allowed.

13. Disclaimers

THE SITE, SOFTWARE, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, RF MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PARTICULAR MARKETING RESULT (LEADS, CASES, JOBS, RANKINGS, OR REVENUE) WILL BE ACHIEVED. REPORTS AND DASHBOARDS ARE PROVIDED FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE ACCOUNTING, TAX, LEGAL, OR FINANCIAL ADVICE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RF MARKETING AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE FEES YOU PAID TO RF MARKETING FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE PAID NO FEES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

15. Indemnification

You will defend, indemnify, and hold harmless RF Marketing from claims, damages, and expenses (including reasonable attorneys' fees) arising from your Client Data, your breach of these Terms, your violation of law or third-party rights, or your use of the Services other than as permitted. RF Marketing will defend and indemnify you against third-party claims that the Software, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark, excluding claims arising from Client Data, third-party platforms, or modifications not made by us.

16. Term, suspension, and termination

These Terms apply while you use the Services. Either party may terminate a Service Agreement as provided in that agreement; unless it states otherwise, engagements are month-to-month and may be terminated by either party on 30 days' written notice. We may suspend or terminate access immediately for a material breach, for non-payment after notice, if required by law or a third-party platform, or to protect the security of the Services.

Upon termination: your license to the Software ends; you remain responsible for fees accrued; we will disconnect third-party integrations, including QuickBooks, and delete Client Data as described in the Privacy Policy; and Sections 5.3, 7, 11 through 15, and 17 through 19 survive.

17. Governing law and dispute resolution

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Before filing any claim, the parties will attempt in good faith to resolve the dispute through direct discussion for at least 30 days after written notice. Any dispute not resolved will be brought exclusively in the state or federal courts located in Utah County, Utah, and each party consents to personal jurisdiction there. Either party may seek injunctive relief in any court to protect its intellectual property or confidential information. To the extent permitted by law, each party waives the right to a jury trial and to participate in a class action.

18. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on the Site and update the "Last updated" date, and for material changes we will notify clients by email at least 14 days before they take effect. Continued use of the Services after the effective date constitutes acceptance.

19. General

These Terms, the Privacy Policy, and any Service Agreement are the entire agreement between you and RF Marketing regarding the Services and supersede prior agreements on that subject. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us must be sent to the address in Section 20; notices to you may be sent to the email address on your account. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

20. Contact

RF Marketing and Associates, LLC
785 East 200 South, Suite 14, Lehi, Utah 84043
Email: info@rfmarketing.org