Leoserv Inc
Full-Service Digital Marketing Agency

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

1. Introduction and Acceptance of Terms

Welcome to Leoserv Inc (“we,” “us,” “our,” or “Leoserv”). These Terms of Use / Services (“Terms”) govern your access to and use of our website located at www.leoserv.com (the “Website”), our digital marketing services, and any related services, content, or communications provided by Leoserv Inc.

By accessing or using our Website, engaging our services, or communicating with us through any channel (email, phone, SMS, in-person), you agree to be bound by these Terms. If you do not agree to these Terms, you must immediately discontinue use of our Website and services.

IMPORTANT: Please read these Terms carefully. They contain important information about your legal rights, remedies, and obligations, including mandatory arbitration and class action waiver provisions in Section 18.

2. Business Information

Legal Entity: Leoserv Inc
Business Type: Full-Service Digital Marketing Agency
Physical Address: 1790 Hughes Landing Blvd, Suite 400, The Woodlands, TX 77380
Email: info@leoserv.com
Phone: (281) 698-7483
Business Hours: Monday-Friday, 10:00 AM to 5:00 PM CST
In-Person Visits: By appointment only
Website: www.leoserv.com

3. Services Overview

Leoserv Inc is a full-service digital marketing agency that has been operating for over a decade, serving clients in 17 countries across diverse industries. We offer comprehensive digital marketing solutions with a “Budget-Based” approach for budgets ranging from $100 to $100,000 monthly.

3.1 Services Offered

Our service portfolio includes, but is not limited to:

Digital Marketing Services:

  • Web design and development (custom websites, e-commerce, responsive design)
  • Search Engine Optimization (SEO) – on-page, off-page, technical, local
  • Social media marketing (strategy, management, advertising, content creation)
  • PPC (pay-per-click) advertising (Google Ads, Facebook Ads, LinkedIn Ads, display advertising)
  • Email marketing (campaigns, automation, list management, newsletter design)
  • Content writing and marketing (blog posts, articles, copywriting, whitepapers)
  • Video marketing and production (promotional videos, explainer videos, social media content)
  • Graphic and print design (logos, branding, brochures, business cards, marketing materials)

Technology and Consulting Services:

  • Software consulting and AI integration
  • Automated sales funnels and marketing automation
  • Web hosting and technical support
  • Event marketing (virtual events, webinars, conferences, trade shows)
  • Tech staffing solutions (contract developers, designers, marketers)
  • Analytics and reporting (performance tracking, ROI analysis, data visualization)

3.2 Target Industries

We work with clients across diverse sectors including:

  • Healthcare providers (hospitals, clinics, medical practices, telemedicine)
  • Churches and religious organizations (congregations, ministries, faith-based nonprofits)
  • Nonprofits and charitable organizations (foundations, advocacy groups, social enterprises)
  • Real estate (agents, brokers, property management, commercial real estate)
  • Legal professionals (law firms, attorneys, legal services)
  • Education (schools, universities, online learning platforms, tutoring services)
  • Government entities (municipal, state, federal agencies)
  • E-commerce businesses (online retailers, marketplaces, subscription services)
  • Professional services (accounting, consulting, financial services)
  • Technology and software companies (SaaS, startups, Fortune 500 companies)

3.3 Custom Solutions

All services are customized to meet your specific business goals, target audience, industry requirements, and budget constraints. Service scope, deliverables, timelines, and pricing are defined in individual service agreements, proposals, or statements of work (SOWs).

4. Eligibility and Account Registration

4.1 Age Requirement

You must be at least 18 years of age to use our Website or services. By using our Website or services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts.

4.2 Business Authority

If you are using our Website or services on behalf of a business, organization, or other entity, you represent and warrant that:

  • You are authorized to bind that entity to these Terms
  • You have the authority to enter into contracts on behalf of that entity
  • The entity has the legal capacity to enter into binding agreements

4.3 Account Creation

Some services may require you to create an account or client portal login. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access or security breaches
  • Accept responsibility for all activities that occur under your account

4.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Non-payment of fees or services
  • Conduct that harms Leoserv or other users
  • Any reason at our sole discretion

5. Service Agreements and Contracts

5.1 Master Terms and Individual Agreements

These Terms serve as the master agreement governing your general use of our Website and services. Specific services may be subject to additional terms outlined in:

  • Proposals – Detailed service descriptions, pricing, and timelines
  • Service Agreements – Formal contracts for ongoing or large-scale projects
  • Statements of Work (SOWs) – Project-specific scope, deliverables, and milestones
  • Master Services Agreements (MSAs) – Framework for multiple projects over time

In the event of a conflict between these Terms and a specific service agreement, the specific service agreement will control.

5.2 Acceptance of Proposals

By accepting a proposal (via signature, email confirmation, or payment), you agree to:

  • The scope of work and deliverables described
  • The pricing, payment terms, and schedule outlined
  • Any specific terms and conditions included in the proposal
  • These general Terms of Service

5.3 Changes to Service Agreements

Changes to service agreements must be:

  • Agreed upon in writing (email or signed change order)
  • Documented with updated scope, timeline, and pricing
  • Approved by both parties before implementation

We reserve the right to refuse change requests that are unreasonable, outside our capabilities, or would significantly delay project timelines.

5.4 Service Limitations

We do NOT guarantee specific business outcomes such as:

  • Specific sales, revenue, or profit increases
  • Guaranteed rankings on search engines (SEO is an ongoing process)
  • Specific numbers of leads, conversions, or customers
  • Viral social media content or follower growth
  • Guaranteed return on advertising spend (ROAS)

While we strive to deliver excellent results, digital marketing outcomes depend on many factors beyond our control, including market conditions, competition, product quality, customer service, and your business operations.

6. Pricing, Payment, and Billing

6.1 Service Pricing

Pricing for our services varies based on:

  • Scope of work and project complexity
  • Timeline and urgency
  • Industry and competitive landscape
  • Required resources and expertise
  • Ongoing vs. one-time projects

Pricing Models:

  • Hourly Rate: For consulting, small tasks, or variable-scope work
  • Project-Based: Fixed fee for defined deliverables and timelines
  • Monthly Retainer: Ongoing services with recurring monthly fees
  • Performance-Based: Compensation tied to specific metrics (when agreed upon)
  • Custom Packages: Bundled services at negotiated rates

All pricing is specified in proposals, service agreements, or invoices.

6.2 Payment Terms

Unless otherwise specified in your service agreement:

Payment Schedule:

  • Project-Based Work: 50% deposit upfront, 50% upon completion (or as specified in proposal)
  • Monthly Retainer: Payment due on the 1st of each month, in advance
  • Hourly Work: Invoiced monthly, payment due within 15 days of invoice date
  • Rush Projects: Full payment upfront or as negotiated

Payment Methods Accepted:

  • Credit/Debit Card (Visa, Mastercard, American Express, Discover)
  • ACH/Bank Transfer
  • Check (business checks only, with prior approval)
  • PayPal, Stripe, or other electronic payment methods
  • Wire Transfer (for large projects, with prior approval)

6.3 Late Payments

Late payments are subject to the following consequences:

Late Fees:

  • Payments not received within 15 days of due date: $50 late fee or 1.5% per month (whichever is greater)
  • Late fees continue to accrue until payment is received in full

Service Suspension:

  • Services may be suspended after 15 days of non-payment
  • Work will not resume until payment is received in full
  • Suspension does not relieve you of payment obligations

Collections:

  • Accounts 60+ days overdue may be sent to collections
  • You are responsible for all collection costs, legal fees, and court costs
  • Late payments may be reported to credit bureaus

6.4 Refunds and Cancellations

Refunds and cancellations are subject to our Refund and Cancellation Policy (see separate policy document at www.leoserv.com/refund-policy).

General Refund Guidelines:

  • Deposits: Non-refundable once work has commenced
  • Completed Work: No refunds for work already delivered
  • Monthly Retainers: Pro-rated refunds for unused time (if cancelled with 30 days notice)
  • Rush Fees: Non-refundable once expedited work begins

6.5 Disputed Charges

If you dispute a charge, you must:

  • Contact us within 30 days of the charge
  • Provide detailed explanation of the dispute
  • Work with us in good faith to resolve the issue

We will investigate all disputes promptly and fairly. Chargebacks initiated without first contacting us may result in immediate service termination and legal action to recover costs.

6.6 Price Changes

We reserve the right to change our pricing at any time. Price changes:

  • Apply to new projects and proposals only
  • Do NOT affect existing contracts or agreements (unless agreed upon)
  • Will be communicated with 30 days notice for ongoing retainer clients

6.7 Taxes

All prices are exclusive of applicable taxes (sales tax, VAT, GST, etc.) unless otherwise stated. You are responsible for paying all applicable taxes associated with your purchase. If we are required to collect taxes, they will be added to your invoice.

7. Client Responsibilities and Cooperation

7.1 Timely Cooperation

For us to deliver services effectively, you agree to:

Provide Timely Information:

  • Access to existing website, hosting, and domain credentials
  • Brand assets (logos, style guides, fonts, colors)
  • Content, images, and marketing materials
  • Product/service information and target audience details
  • Competitor information and market research
  • Access to necessary accounts (Google Analytics, Google Search Console, social media, advertising platforms)

Timely Feedback and Approvals:

  • Respond to requests for feedback within 5 business days
  • Provide approval or revision requests within specified timeframes
  • Attend scheduled meetings, calls, or strategy sessions
  • Review and approve deliverables promptly

Timely Payment:

  • Pay invoices according to agreed-upon payment terms
  • Maintain valid payment methods on file

7.2 Consequences of Delays

Delays caused by your failure to provide information, feedback, or approvals may result in:

  • Extended project timelines (with no penalty to Leoserv)
  • Additional fees for extended project management or holding resources
  • Project cancellation if delays exceed 60 days (deposit non-refundable)

7.3 Accuracy of Information

You represent and warrant that all information you provide to us is:

  • Accurate, complete, and current
  • Not misleading or fraudulent
  • Does not violate any laws or third-party rights
  • You have the legal right to use and share all materials provided to us

7.4 Third-Party Access and Approvals

You are responsible for:

  • Obtaining necessary approvals from third parties (executives, legal, compliance)
  • Securing access to third-party tools, platforms, or accounts we need
  • Ensuring your team members cooperate with our team
  • Communicating internally to align stakeholders

8. Intellectual Property Rights

8.1 Leoserv’s Intellectual Property

The Website, including all content, features, functionality, design, graphics, text, software, code, and other materials (collectively, “Leoserv IP”) are owned by Leoserv Inc and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are prohibited from:

  • Copying, modifying, or distributing any Leoserv IP without written permission
  • Reverse engineering, decompiling, or disassembling our software or code
  • Creating derivative works based on Leoserv IP
  • Using our trademarks, logos, or brand elements without authorization
  • Removing copyright notices, watermarks, or proprietary markings

8.2 Client-Provided Materials

You grant Leoserv a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display any materials you provide to us (content, images, logos, trademarks, etc.) solely for the purpose of performing our services.

You represent and warrant that:

  • You own or have the legal right to use all materials provided
  • The materials do not infringe on any third-party intellectual property rights
  • You have obtained all necessary permissions, licenses, and releases
  • The materials do not violate any laws or regulations

8.3 Work Product and Deliverables

Ownership Transfer Upon Full Payment:

Once you have paid in full for services, you will own:

  • Final approved deliverables specified in the service agreement (websites, graphics, content, videos, etc.)
  • Rights to use the deliverables for your business purposes

Leoserv Retains Rights To:

  • Pre-existing tools, templates, frameworks, and methodologies
  • Concepts, techniques, and know-how developed during the project
  • Any work not specified as client-owned in the service agreement
  • The right to display completed work in our portfolio (unless confidentiality agreement prohibits)

Third-Party Assets:

  • Stock photos, fonts, icons, or other licensed assets remain owned by their respective copyright holders
  • You are responsible for obtaining proper licenses for any third-party assets (we can assist with this)
  • Continued use of licensed assets requires ongoing license compliance

8.4 Portfolio and Marketing Rights

Unless prohibited by a confidentiality agreement, Leoserv retains the right to:

  • Display completed projects in our portfolio, case studies, and marketing materials
  • Use your business name and logo as a client reference
  • Share anonymized results and metrics for marketing purposes
  • Publish case studies highlighting our work (with your approval)

If you prefer your project remain confidential, please request this in writing before work begins.

8.5 Open Source and Third-Party Software

Some of our deliverables may include open-source software or third-party libraries subject to their own licenses (GPL, MIT, Apache, etc.). You agree to comply with all applicable open-source licenses and third-party terms of use.

9. SMS/Text Messaging Program

9.1 Program Description

Leoserv Inc offers an optional SMS/text messaging program to send you marketing updates, service notifications, promotional offers, and important business communications related to our digital marketing services, industry insights, client success stories, special promotions, event invitations, and time-sensitive alerts.

Participation is completely voluntary and requires your explicit opt-in consent.

9.2 Opt-In Consent

By providing your mobile phone number and explicitly opting in to receive SMS messages from Leoserv Inc (via checkbox, web form, keyword text, verbal consent, or written consent), you agree to receive text messages from us at the phone number you provided.

Consent is NOT a condition of purchase. You may use our services and Website without opting in to SMS communications.

9.3 Message Frequency and Content

Message Frequency: Message frequency varies. You may receive up to 4-10 messages per month, depending on your preferences, our promotional calendar, and active campaigns.

Types of Messages:

  • Marketing promotions and special offers for our digital marketing services
  • Service updates and project status notifications
  • Appointment reminders and consultation confirmations
  • Educational content, digital marketing tips, and industry insights
  • Event invitations and webinar announcements
  • Time-sensitive alerts and important business communications
  • Client success stories and case studies
  • New service launches and product announcements

9.4 How to Opt Out (STOP)

You can cancel the SMS service at any time. Just text “STOP” to (281) 698-7483. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

Alternative Opt-Out Methods:

  • Reply “UNSUBSCRIBE” or “CANCEL” to any message
  • Reply “END” or “QUIT” to any message
  • Email us at info@leoserv.com with “SMS Opt-Out” in the subject line
  • Call us at (281) 698-7483 and request to be removed from SMS communications
  • Visit www.leoserv.com/sms-optout (if available)

9.5 Help and Support

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@leoserv.com or (281) 698-7483.

Help Keywords:

  • Text “HELP” or “INFO” to receive assistance and program information
  • Text “CONTACT” to receive our contact information

Help Response: After texting “HELP”, you will receive a message with: program information, contact details (email and phone), and instructions for opting out.

9.6 Message and Data Rates

Standard message and data rates may apply. Message and data rates are determined by your mobile carrier and your specific mobile plan. Leoserv Inc is not responsible for any charges incurred from your mobile carrier for receiving text messages.

Please contact your mobile carrier for information about your text messaging plan and any applicable fees.

9.7 Carrier Liability and Technical Issues

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to:

  • Mobile carrier network availability and performance
  • Device compatibility and technical issues
  • User settings (blocking, do-not-disturb, airplane mode)
  • Network congestion or outages
  • Geographic location and signal strength

Leoserv Inc is not responsible for messages that are not received due to carrier network problems, device issues, user settings, or other technical factors beyond our control.

Supported Carriers: Our SMS program supports all major U.S. carriers including AT&T, T-Mobile, Verizon, Sprint, Boost Mobile, Cricket Wireless, MetroPCS, U.S. Cellular, Virgin Mobile, and most regional carriers. Check with your carrier to confirm SMS support.

9.8 SMS Privacy and Data Protection

Your mobile phone number and SMS opt-in data are protected according to our Privacy Policy (www.leoserv.com/privacy-policy).

CRITICAL – NO MOBILE INFORMATION SHARING:

No mobile information will be shared with third parties/affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

SMS Data Protection:

  • We will NEVER sell, rent, or trade your mobile phone number
  • We will NOT share your mobile number with third-party marketers or affiliates for marketing purposes
  • We may share mobile information ONLY with service providers who deliver SMS messages on our behalf (SMS platform providers) under strict confidentiality agreements
  • Your mobile number is encrypted and stored securely
  • We retain SMS opt-in data only as long as you remain opted-in, or as required by law
  • SMS opt-in data is deleted within 30 days of your opt-out request

9.9 SMS Terms Compliance

Our SMS program complies with:

  • Telephone Consumer Protection Act (TCPA) – Federal telemarketing and SMS regulations
  • CTIA Messaging Principles and Best Practices – Industry guidelines for commercial messaging
  • A2P 10DLC Registration Requirements – Carrier-mandated registration for business messaging
  • Cellular Telecommunications Industry Association (CTIA) Guidelines
  • Mobile Marketing Association (MMA) Consumer Best Practices

9.10 SMS Prohibited Content

We will NOT send SMS messages containing:

  • Illegal content or promotion of illegal activities
  • Spam, phishing, or fraudulent content
  • Malware, viruses, or malicious links
  • Content prohibited by CTIA guidelines (adult content, cannabis, firearms, etc.)
  • Content that violates any applicable laws or regulations

10. Email Marketing and Communications

10.1 Email Consent

By providing your email address to us (via web form, business card, in-person interaction, or other means), you consent to receive:

  • Transactional emails (service updates, invoices, project communications)
  • Marketing emails (newsletters, promotions, educational content)
  • Administrative emails (policy updates, security alerts, account notifications)

10.2 Email Unsubscribe

You may opt out of marketing emails at any time by:

  • Clicking the “Unsubscribe” link at the bottom of any marketing email
  • Emailing info@leoserv.com with “Unsubscribe” in the subject line
  • Calling (281) 698-7483 and requesting to be removed from our email list

Note: You cannot opt out of transactional or administrative emails related to services you have purchased or accounts you maintain with us.

10.3 CAN-SPAM Compliance

All marketing emails comply with the CAN-SPAM Act, including:

  • Accurate “From” and “Subject” lines
  • Clear identification as an advertisement (when applicable)
  • Valid physical mailing address
  • Easy and conspicuous unsubscribe mechanism
  • Prompt processing of opt-out requests (within 10 business days)

11. Confidentiality and Non-Disclosure

11.1 Confidential Information

“Confidential Information” means any non-public information disclosed by either party, including:

  • Business strategies, plans, and financial information
  • Customer lists, pricing, and proprietary data
  • Trade secrets, processes, and know-how
  • Marketing strategies and campaign details
  • Website analytics, performance data, and metrics
  • Technical specifications, code, and software
  • Information marked or identified as “Confidential”

11.2 Obligations

Both parties agree to:

  • Keep Confidential Information strictly confidential
  • Use Confidential Information only for the purposes of performing services
  • Not disclose Confidential Information to third parties without written consent
  • Protect Confidential Information with the same care used for their own confidential information (but no less than reasonable care)
  • Return or destroy Confidential Information upon request or termination of services

11.3 Exceptions

Confidentiality obligations do NOT apply to information that:

  • Is or becomes publicly available through no breach of these Terms
  • Was known to the receiving party before disclosure
  • Is independently developed without use of Confidential Information
  • Is rightfully received from a third party without confidentiality restrictions
  • Must be disclosed pursuant to law, court order, or government request (with notice to the disclosing party if legally permitted)

11.4 Confidentiality Period

Confidentiality obligations survive for three (3) years after termination of services, or indefinitely for trade secrets.

12. Warranties and Disclaimers

12.1 Limited Warranty

Leoserv warrants that:

  • Services will be performed in a professional and workmanlike manner
  • Services will substantially conform to the specifications in the service agreement
  • We will use commercially reasonable efforts to meet agreed-upon deadlines
  • Final deliverables will be free from material defects upon delivery

Remedy for Breach: If services do not meet this warranty, your sole remedy is for Leoserv to re-perform the deficient services or, if we are unable to do so, to refund fees paid for the deficient services.

12.2 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12.1, ALL SERVICES AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Implied Warranties: Merchantability, fitness for a particular purpose, non-infringement, title
  • Performance Guarantees: Specific business results, revenue, sales, leads, conversions, rankings, traffic, or ROI
  • Error-Free Operation: Uninterrupted, error-free, virus-free, or secure services
  • Accuracy: Accuracy, reliability, or completeness of information or content
  • Third-Party Services: Performance or availability of third-party platforms, tools, or services we integrate with
  • Future Results: Continued success or results after services are completed

12.3 No Professional Advice

Our services are for marketing purposes only and do NOT constitute:

  • Legal, financial, accounting, or tax advice
  • Medical, healthcare, or pharmaceutical advice
  • Investment or securities advice
  • Professional advice in regulated industries

You should consult with appropriate licensed professionals for advice specific to your situation.

12.4 External Factors

We are not responsible for factors outside our control, including but not limited to:

  • Search engine algorithm changes (Google, Bing, etc.)
  • Social media platform policy changes or algorithm updates
  • Advertising platform changes (Google Ads, Facebook Ads, etc.)
  • Market conditions, competition, or economic factors
  • Your product quality, customer service, or business operations
  • Your industry reputation or public relations issues
  • Global events, pandemics, natural disasters, or force majeure

13. Limitation of Liability

13.1 Types of Damages Excluded

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEOSERV INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Indirect Damages: Lost profits, lost revenue, lost business opportunities, lost data, loss of goodwill
  • Consequential Damages: Business interruption, reputational harm, cost of substitute services
  • Incidental Damages: Expenses incurred due to service issues or errors
  • Punitive or Exemplary Damages
  • Special Damages

EVEN IF LEOSERV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Total Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEOSERV’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED:

THE TOTAL AMOUNT YOU PAID TO LEOSERV IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $1,000, WHICHEVER IS GREATER.

13.3 Exceptions to Limitations

The limitations in this Section 13 do NOT apply to:

  • Liability for death or personal injury caused by our negligence
  • Liability for fraud or fraudulent misrepresentation
  • Liability for gross negligence or willful misconduct
  • Liability that cannot be excluded or limited under applicable law
  • Our indemnification obligations under Section 14

13.4 Basis of the Bargain

You acknowledge that the limitations of liability in this Section 13 are a fundamental basis of the bargain between you and Leoserv, and that we would not provide services without these limitations.

14. Indemnification

14.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless Leoserv Inc, its officers, directors, employees, agents, suppliers, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to:

  • Your Breach: Your violation of these Terms or any applicable laws or regulations
  • Your Content: Your content, materials, or information you provide to us that infringes third-party rights or violates laws
  • Your Conduct: Your use of our Website or services in a manner that harms others
  • Third-Party Claims: Claims brought by third parties related to your business, products, services, or operations
  • Misrepresentation: Your inaccurate or misleading representations to us
  • Unauthorized Use: Your unauthorized use of our intellectual property or services

14.2 Leoserv’s Indemnification Obligations

Leoserv agrees to indemnify, defend, and hold you harmless from claims that our deliverables (excluding any content, materials, or information you provided) infringe a third party’s valid patent, copyright, or trademark, provided that:

  • You promptly notify us in writing of the claim
  • You give us sole control of the defense and settlement
  • You provide reasonable cooperation in the defense

Our Remedies: If deliverables are found to infringe, we may, at our option:

  • Obtain the right for you to continue using the deliverables
  • Replace or modify the deliverables to make them non-infringing
  • Refund fees paid for the infringing deliverables and terminate services

This Section 14.2 states our ENTIRE liability and your EXCLUSIVE remedy for intellectual property infringement claims.

14.3 Indemnification Process

The party seeking indemnification must:

  • Promptly notify the indemnifying party in writing of any claim
  • Provide reasonable cooperation in the defense or settlement
  • Not admit liability or settle without the indemnifying party’s consent

The indemnifying party has the right to control the defense and settlement of the claim.

15. Term and Termination

15.1 Term

These Terms remain in effect for as long as you use our Website or services. Specific service agreements have their own defined terms as specified in proposals or contracts.

15.2 Termination by You

You may terminate services or cancel your account at any time by providing written notice (email or mail) to:

Email: info@leoserv.com (Subject: “Service Termination”)
Mail: Leoserv Inc, Attn: Termination, 1790 Hughes Landing Blvd, Suite 400, The Woodlands, TX 77380

Termination Terms:

  • Immediate Termination: You may terminate immediately, but fees for work already performed are non-refundable
  • 30-Day Notice: For monthly retainers, provide 30 days written notice to avoid charges for the following month
  • Project-Based Work: Once work has commenced, deposits and fees for work performed are non-refundable

See our Refund and Cancellation Policy (www.leoserv.com/refund-policy) for detailed terms.

15.3 Termination by Leoserv

We may terminate or suspend your access to our Website or services immediately, with or without notice, for:

  • Breach of Terms: Violation of these Terms or any service agreement
  • Non-Payment: Failure to pay invoices within 30 days of due date
  • Illegal Activity: Use of our services for illegal or fraudulent purposes
  • Harmful Conduct: Abuse, harassment, or threats toward our employees or other clients
  • Reputation Risk: Conduct that damages Leoserv’s reputation or business
  • Force Majeure: Events beyond our control that prevent us from providing services
  • Business Reasons: At our sole discretion, with 30 days notice (for ongoing retainer clients)

15.4 Effects of Termination

Upon termination:

Your Obligations:

  • Pay all outstanding invoices for services performed through the termination date
  • Return or destroy any Leoserv confidential information or proprietary materials
  • Cease use of our intellectual property, trademarks, and branding

Our Obligations:

  • Provide final deliverables for work completed and paid for
  • Return or destroy your confidential information (if requested)
  • Provide a final invoice for services rendered

Survival: The following sections survive termination: Sections 6 (Payment), 8 (Intellectual Property), 11 (Confidentiality), 12 (Warranties), 13 (Limitation of Liability), 14 (Indemnification), 18 (Dispute Resolution), and 20 (General Provisions).

16. Acceptable Use Policy

16.1 Prohibited Uses

You agree NOT to use our Website or services to:

Illegal Activity:

  • Violate any federal, state, local, or international laws or regulations
  • Engage in fraud, theft, money laundering, or other illegal activities
  • Promote or facilitate illegal activities (drugs, weapons, human trafficking, etc.)

Harmful Content:

  • Distribute malware, viruses, or malicious code
  • Engage in phishing, spamming, or other deceptive practices
  • Hack, breach, or attempt to gain unauthorized access to systems or accounts
  • Launch denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks

Intellectual Property Infringement:

  • Infringe on copyrights, trademarks, patents, or other intellectual property rights
  • Use pirated software, stolen content, or unlicensed materials
  • Scrape, copy, or steal content from other websites without permission

Abusive Behavior:

  • Harass, threaten, stalk, or intimidate others
  • Distribute hate speech, discriminatory content, or violent threats
  • Impersonate others or misrepresent your identity or affiliation
  • Engage in cyberbullying or online harassment

Prohibited Industries (for Marketing Services):

  • Adult content, pornography, or sexually explicit material
  • Illegal gambling or online casinos (where prohibited by law)
  • Illegal drugs, narcotics, or controlled substances
  • Get-rich-quick schemes, pyramid schemes, or multi-level marketing scams
  • Counterfeit goods or trademark-infringing products
  • Services that violate advertising platform policies (Google Ads, Facebook Ads policies)

16.2 Consequences of Violations

Violations of this Acceptable Use Policy may result in:

  • Immediate termination of services (with no refund)
  • Suspension of account or access to Website
  • Removal of content or materials
  • Reporting to law enforcement or regulatory authorities
  • Legal action to recover damages and costs

16.3 Monitoring and Enforcement

We reserve the right (but not the obligation) to:

  • Monitor use of our Website and services for compliance
  • Review content, materials, and campaigns for policy violations
  • Remove or refuse to publish content that violates this policy
  • Report suspected illegal activity to appropriate authorities

17. Third-Party Services and Integrations

17.1 Third-Party Platforms

Our services may involve the use of third-party platforms, tools, or services, including but not limited to:

Advertising Platforms: Google Ads, Facebook Ads, LinkedIn Ads, Microsoft Advertising, Twitter Ads, TikTok Ads

Social Media Platforms: Facebook, Instagram, LinkedIn, Twitter, YouTube, TikTok, Pinterest

Website Platforms: WordPress, Shopify, Wix, Squarespace, Webflow, custom web platforms

Email Marketing: Mailchimp, Constant Contact, ActiveCampaign, HubSpot, SendGrid

Analytics: Google Analytics, Google Tag Manager, Facebook Pixel, Hotjar, SEMrush

Hosting and Infrastructure: AWS, Google Cloud, Cloudflare, GoDaddy, Bluehost

CRM and Automation: HubSpot, Salesforce, GoHighLevel, Zapier, ActiveCampaign

17.2 Third-Party Terms

Your use of third-party platforms is subject to their respective terms of service, privacy policies, and acceptable use policies. You are responsible for:

  • Creating accounts on required platforms
  • Agreeing to and complying with third-party terms
  • Paying any fees charged by third-party platforms
  • Understanding and accepting risks associated with third-party services

17.3 No Control Over Third Parties

Leoserv does NOT control third-party platforms and is not responsible for:

  • Changes to third-party terms, policies, or pricing
  • Service interruptions, downtime, or technical issues
  • Data breaches or security incidents on third-party platforms
  • Account suspensions or terminations by third parties
  • Changes to algorithms, features, or functionality
  • Compliance with third-party policies (although we will use reasonable efforts to advise you)

17.4 Account Access

By engaging our services, you grant Leoserv authorized access to your accounts on third-party platforms as necessary to perform services. You represent and warrant that you have the authority to grant such access.

We will:

  • Use access only to perform agreed-upon services
  • Maintain confidentiality of login credentials
  • Not make unauthorized changes or access personal information
  • Revoke access upon termination (or return credentials to you)

18. Dispute Resolution and Arbitration

18.1 Informal Dispute Resolution

Before filing any legal claim, you agree to first attempt to resolve the dispute informally by contacting us at:

Email: info@leoserv.com (Subject: “Dispute Resolution”)
Phone: (281) 698-7483
Mail: Leoserv Inc, Attn: Legal / Dispute Resolution, 1790 Hughes Landing Blvd, Suite 400, The Woodlands, TX 77380

We will respond within 10 business days and work in good faith to resolve the dispute. You must allow 60 days from initial contact to resolve the matter before pursuing formal legal action.

18.2 Binding Arbitration

Agreement to Arbitrate: You and Leoserv agree that any dispute, claim, or controversy arising out of or relating to these Terms or our services that cannot be resolved informally shall be resolved by binding arbitration rather than in court, except as provided in Section 18.5.

Arbitration Rules: Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (if applicable).

Arbitration Process:

  • Arbitration will be conducted by a single neutral arbitrator
  • Location: The Woodlands, Texas (or mutually agreed upon location)
  • Hearing may be conducted in-person, by phone, or via videoconference
  • Arbitrator’s decision is final and binding (with limited exceptions for appeal)
  • Arbitrator may award the same damages and relief as a court

Costs: Each party is responsible for their own attorneys’ fees and costs, unless the arbitrator determines otherwise. The party filing the claim is responsible for arbitration filing fees, unless you qualify for a fee waiver under AAA rules.

18.3 Class Action Waiver

YOU AND LEOSERV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

No Class Arbitrations: Arbitrations will be conducted on an individual basis only. You may not consolidate claims with other individuals or participate in a class action, class arbitration, or representative proceeding.

No Jury Trial: You waive your right to a jury trial.

18.4 Exceptions to Arbitration

The following disputes are NOT subject to arbitration and may be brought in court:

  • Small Claims Court: Disputes that qualify for small claims court (under $20,000 in Texas)
  • Intellectual Property Claims: Claims related to intellectual property infringement (trademark, copyright, patent, trade secret)
  • Injunctive Relief: Claims seeking emergency injunctive or equitable relief
  • Statutory Claims: Claims that cannot be arbitrated under applicable law

18.5 Governing Law and Venue

These Terms and any disputes arising from them are governed by the laws of the State of Texas, without regard to conflict of law provisions.

Exclusive Venue: Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts located in Montgomery County, Texas. You consent to the personal jurisdiction and venue of these courts.

18.6 Opt-Out of Arbitration

You have the right to opt out of this arbitration agreement by sending written notice to Leoserv within 30 days of first accepting these Terms:

Mail to:
Leoserv Inc
Attn: Arbitration Opt-Out
1790 Hughes Landing Blvd, Suite 400
The Woodlands, TX 77380

Include: Your name, address, email, phone number, and clear statement that you wish to opt out of the arbitration agreement.

19. Privacy and Data Protection

Your use of our Website and services is subject to our Privacy Policy, which is incorporated into these Terms by reference.

Privacy Policy Location: www.leoserv.com/privacy-policy

By using our Website or services, you acknowledge that you have read, understood, and agree to our Privacy Policy, including our practices regarding collection, use, disclosure, and protection of personal information.

Key Privacy Points:

  • We collect personal information as described in the Privacy Policy
  • We use cookies and tracking technologies (see Cookie Policy: www.leoserv.com/cookie-policy)
  • We do NOT sell, rent, or trade your personal information
  • SMS opt-in data is NEVER shared with third parties for marketing purposes
  • California residents have specific privacy rights under CCPA/CPRA
  • EEA/UK residents have rights under GDPR

For privacy questions or to exercise your privacy rights, contact: info@leoserv.com

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Refund and Cancellation Policy, and any applicable service agreements or proposals, constitute the entire agreement between you and Leoserv regarding your use of our Website and services, and supersede all prior or contemporaneous communications, agreements, and understandings (whether written or oral).

20.2 Amendments and Updates

We reserve the right to modify, update, or replace these Terms at any time. When we make material changes:

  • We will update the “Last Updated” date at the top
  • We will post a prominent notice on our Website for 30 days
  • We may send email notification to registered users or clients
  • Your continued use after changes are posted constitutes acceptance

Current Version: The current version of these Terms is always available at www.leoserv.com/terms-of-service.

20.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future. Any waiver must be in writing and signed by an authorized representative of Leoserv.

20.5 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms or any rights hereunder to any affiliate, successor, or acquirer without your consent.

20.6 Force Majeure

Leoserv is not liable for any delay or failure to perform obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

  • Acts of God (natural disasters, pandemics, severe weather)
  • War, terrorism, civil unrest, or government action
  • Labor strikes or disputes
  • Internet or telecommunications failures
  • Power outages or infrastructure failures
  • Failures of third-party service providers

20.7 Independent Contractors

The relationship between you and Leoserv is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship.

20.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and Leoserv only. No third party has any right to enforce or rely on any provision of these Terms, except as expressly stated (e.g., indemnified parties under Section 14).

20.9 Headings

Section headings in these Terms are for convenience only and have no legal or contractual effect.

20.10 Notices

Notices to You:
We may provide notices to you via email to the address you provided, by posting on our Website, or by mail to your address on file. Notices are effective when sent or posted.

Notices to Leoserv:
You must send notices to Leoserv in writing via:

Email: info@leoserv.com
Mail: Leoserv Inc, Attn: Legal, 1790 Hughes Landing Blvd, Suite 400, The Woodlands, TX 77380

Notices are effective when received by us.

20.11 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of a conflict between the English version and a translation, the English version controls.

20.12 Electronic Signatures and Records

You consent to electronic signatures, contracts, and records, and agree that electronic signatures have the same legal effect as handwritten signatures. You waive any rights under laws requiring original signatures or non-electronic records.

20.13 Survival

Sections that by their nature should survive termination of these Terms shall survive, including but not limited to: Sections 6 (Payment), 8 (Intellectual Property), 11 (Confidentiality), 12 (Warranties), 13 (Limitation of Liability), 14 (Indemnification), 18 (Dispute Resolution), and 20 (General Provisions).

21. Contact Information

If you have questions, concerns, or feedback regarding these Terms, please contact us:

Leoserv Inc
Attn: Legal / Terms of Service

Mailing Address:
1790 Hughes Landing Blvd, Suite 400
The Woodlands, TX 77380

Email: info@leoserv.com
Phone: (281) 698-7483
Business Hours: Monday-Friday, 10:00 AM – 5:00 PM CST
In-Person Visits: By appointment only
Website: www.leoserv.com

For Terms-Related Questions:
Email Subject: “Terms of Service Inquiry”
Response Time: Within 3 business days

22. Acknowledgment and Acceptance

BY USING OUR WEBSITE OR SERVICES, CLICKING “I AGREE,” PROVIDING YOUR ELECTRONIC SIGNATURE, OR CONTINUING TO ACCESS OUR WEBSITE AFTER THESE TERMS ARE POSTED, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

You specifically acknowledge and agree that:

  1. These Terms constitute a binding legal agreement between you and Leoserv Inc
  2. You have read and understood all sections of these Terms
  3. You consent to receive SMS/text messages as described in Section 9
  4. You understand that no mobile information will be shared with third parties/affiliates for marketing or promotional purposes
  5. You understand the SMS opt-out process (text “STOP” to (281) 698-7483)
  6. You have reviewed our Privacy Policy and consent to our data practices
  7. You understand that these Terms contain limitations on our liability
  8. You agree to arbitration and waive your right to participate in class actions
  9. You represent that you meet all eligibility requirements
  10. You will use our services in compliance with all applicable laws

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE USING OUR WEBSITE AND SERVICES.

These Terms of Service are effective as of January 14, 2026 and supersede all previous versions.

Leoserv Inc
Full-Service Digital Marketing Agency
1790 Hughes Landing Blvd, Suite 400, The Woodlands, TX 77380
info@leoserv.com | (281) 698-7483

© 2026 Leoserv Inc. All Rights Reserved.

Quick Reference: Important Information

Topic

Key Information

Where to Find

SMS Opt-Out

Text “STOP” to (281) 698-7483

Section 9.4

SMS Help

Text “HELP” to (281) 698-7483 or email info@leoserv.com

Section 9.5

Email Unsubscribe

Click “Unsubscribe” in any email

Section 10.2

Payment Terms

50% deposit, 50% upon completion (or as specified)

Section 6.2

Refund Policy

See www.leoserv.com/refund-policy

Section 6.4

Privacy Policy

See www.leoserv.com/privacy-policy

Section 19

Dispute Resolution

Informal resolution first, then arbitration

Section 18

Contact Support

info@leoserv.com or (281) 698-7483

Section 21