Terms & Conditions

Section 01

Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Stratosmark (“Company,” “we,” “us,” or “our”), governing your access to and use of our AI growth systems, automation services, and related digital products and platforms (collectively, the “Services”).

By accessing our website, booking a strategy call, signing a service agreement, or using any of our Services, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you may not use our Services.

These Terms apply to all clients, visitors, and users of Stratosmark’s website and services, including business owners, entrepreneurs, and their authorized representatives.

Section 02

Services

Stratosmark provides AI-powered growth systems, marketing automation, CRM configuration, lead generation infrastructure, funnel development, and related digital services, including but not limited to:

• AI Lead Response Systems and automated communication flows
• Conversion Funnel design, development, and optimization
• CRM setup, pipeline automation, and revenue management systems
• AI Customer Assistant configuration and deployment
• Marketing Automation Engine setup including email and SMS workflows
• Answer Engine Optimization (AEO) and Generative Engine Optimization (GEO) services
• Strategy consulting and system audits

The scope of Services provided to each client is defined in the individual service agreement, proposal, or statement of work executed between the parties. Stratosmark reserves the right to modify, discontinue, or update its service offerings at any time with reasonable notice.

Section 03

Eligibility

To use our Services, you must: (a) be at least 18 years of age or the age of majority in your jurisdiction; (b) have the legal authority to enter into binding contracts on behalf of yourself or your business; and (c) represent a legitimately operating business entity or sole proprietorship.

Stratosmark reserves the right to refuse service to any party at our sole discretion, including but not limited to businesses operating in industries that conflict with our values, applicable laws, or platform terms of service.

Section 04

Client Responsibilities

To ensure effective delivery of Services, you agree to:

• Provide accurate, complete, and timely information, materials, and access required for service delivery
• Maintain valid accounts and licenses for any third-party platforms required
• Respond to requests from Stratosmark within a reasonable timeframe to avoid project delays
• Ensure all content, data, and materials provided do not infringe upon any third-party rights
• Comply with all applicable laws, regulations, and platform terms of service
• Obtain all necessary consents from your customers for receiving automated communications in compliance with TCPA, CAN-SPAM, CASL, and other applicable regulations

You acknowledge that the effectiveness of AI-powered automation systems depends in part on the quality and accuracy of data, messaging, and business processes you provide.

Section 05

Payment Terms

Payment terms are as specified in your individual service agreement or invoice. Unless otherwise agreed in writing:

• Setup and onboarding fees are due prior to project commencement
• Monthly retainer fees are billed in advance on a recurring basis
• Project milestone payments are due upon completion of each defined milestone

All fees are in United States Dollars (USD) unless otherwise specified. Late payments may incur a late fee of 1.5% per month on the outstanding balance. Stratosmark reserves the right to pause or suspend Services in the event of non-payment exceeding 14 days past the due date.

Section 06

Refund Policy

Due to the custom, service-based, and time-intensive nature of our work, all fees paid to Stratosmark are generally non-refundable once work has commenced.

Specific refund terms, if any, will be outlined in your individual service agreement. Stratosmark may, at its sole discretion, offer partial refunds or service credits in exceptional circumstances where deliverables have not been met due to causes within our control.

Strategy call bookings cancelled with less than 24 hours notice may forfeit any associated reservation deposit. Free strategy calls carry no cancellation fee.

Section 07

Intellectual Property

Our Property: All proprietary methodologies, system frameworks, templates, software, and processes developed by Stratosmark prior to or independently of your engagement remain the exclusive intellectual property of Stratosmark.

Your Property: All content, branding, data, and materials you provide to us remain your property. Upon full payment of all fees, Stratosmark grants you a perpetual, non-exclusive license to use the custom-built systems, funnels, and automation workflows delivered to you.

Portfolio Rights: Unless you request otherwise in writing, Stratosmark reserves the right to reference your business name and project in our portfolio, case studies, and marketing materials.

Section 08

Confidentiality

Both parties agree to keep confidential any proprietary, sensitive, or non-public business information shared during the course of the engagement. Neither party shall disclose Confidential Information to any third party without prior written consent, except as required by law.

This obligation of confidentiality shall survive the termination of the service agreement for a period of two (2) years.

Section 09

Limitation of Liability

To the fullest extent permitted by applicable law, Stratosmark’s total aggregate liability to you for any and all claims shall not exceed the total fees paid by you to Stratosmark in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall Stratosmark be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of revenue, loss of data, or business interruption.

Section 10

Disclaimer of Warranties

Stratosmark provides Services on an “as is” and “as available” basis without any warranties of any kind, either express or implied.

We do not warrant that our Services will be uninterrupted, error-free, or that specific results will be achieved. No income guarantees are made or implied. Any revenue projections or examples shared are illustrative and not a guarantee of results for your specific business.

Section 11

Indemnification

You agree to indemnify, defend, and hold harmless Stratosmark and its owners, officers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or related to:

• Your use of the Services or breach of these Terms
• Your violation of any applicable law or regulation
• Any content or data you provide to Stratosmark
• Your use of automated communication tools in violation of applicable regulations

Section 12

Termination

By Client: You may terminate your service agreement by providing written notice as specified in your individual agreement (typically 30 days). All fees accrued prior to termination remain payable.

By Stratosmark: We reserve the right to terminate or suspend Services immediately upon written notice if you breach these Terms and fail to cure such breach within 10 business days, engage in illegal activities, or fail to make timely payments.

Section 13

Third-Party Tools & Platforms

Our Services may involve the setup and use of third-party platforms including GoHighLevel, email service providers, SMS gateways, AI platforms, CRM systems, and other software tools. Your use of these platforms is subject to their respective terms of service and privacy policies.

Stratosmark is not responsible for changes to third-party platform features, pricing, or availability, or for service interruptions caused by third-party platforms.

Section 14

Communications & Automated Messaging Compliance

When Stratosmark builds automated SMS, email, or other communication systems for your business, you are solely responsible for ensuring all communications comply with applicable laws and regulations, including:

• TCPA — obtaining express written consent before sending marketing SMS messages
• CAN-SPAM Act — including proper unsubscribe mechanisms in all marketing emails
• CASL — applicable for communications targeting Canadian recipients
• GDPR / Data Protection Laws — applicable for EU/UK data subjects

Section 15

Privacy

Your use of our Services is also governed by our Privacy Policy. By using our Services, you consent to the collection and use of information as described therein.

We will not sell, rent, or share your personally identifiable information with third parties for their marketing purposes without your explicit consent.

Section 16

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Stratosmark is registered, without regard to conflict of law principles.

Informal Resolution: Before initiating any formal dispute, the parties agree to attempt to resolve the dispute informally by engaging in good-faith negotiations for a period of 30 days.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Section 17

Changes to These Terms

Stratosmark reserves the right to modify these Terms at any time. We will provide notice of material changes by updating the “Last Updated” date at the top of this page and, where practicable, by notifying active clients via email.

Your continued use of our Services after any changes constitutes your acceptance of the revised Terms.

Section 18

Contact Information

If you have any questions, concerns, or requests regarding these Terms and Conditions, please contact us:

By using Stratosmark’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions in their entirety.