Excelerate Consulting
Legal

Terms of Service

Effective Date: April 15, 2026  |  Last Updated: April 15, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Excelerate Consulting LLC, a Nevada limited liability company ("Excelerate," "Company," "we," "us," or "our"), with its principal place of business in Nevada, United States.

By accessing or using our website at excelerateconsulting.com (the "Site"), our client dashboard, our marketing management platforms, or any of our services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

1. Description of Services

Excelerate Consulting provides digital marketing services for local and regional businesses, including but not limited to:

  • Local Search Engine Optimization (SEO) — including Google Business Profile optimization, citation management, local link building, content strategy, and technical SEO audits.
  • Google Ads Management — including campaign creation, keyword research, bid management, ad copywriting, landing page optimization, conversion tracking, and performance reporting across Google Search, Display, Local Services Ads, Performance Max, and YouTube Ads.
  • Meta Ads Management — including campaign strategy, audience development, creative production, A/B testing, conversion optimization, and performance reporting across Facebook and Instagram advertising platforms.
  • Google Business Profile Management — including profile creation, optimization, Google Posts publishing, review monitoring and response, Q&A management, photo management, and insights reporting via the Google Business Profile API.
  • Reputation Management — including review generation, sentiment monitoring, review response management, and reputation reporting.
  • AI-Powered Marketing Automation — including automated lead nurturing, chatbot deployment, content generation, reporting automation, and custom workflow development.
  • Analytics and Reporting — including performance dashboards, conversion attribution, competitive analysis, and strategic recommendations.

The specific Services provided to each Client will be detailed in a separate service agreement, statement of work, or order form (collectively, "Service Agreement"), which shall be incorporated into and governed by these Terms.

2. Use of Third-Party Platforms and APIs

In order to deliver our Services, Excelerate may access, manage, and operate within third-party platforms on your behalf. These include, but are not limited to:

  • Google Ads — We access your Google Ads account via the Google Ads API to create, manage, optimize, and report on advertising campaigns. Our use of the Google Ads API is subject to the Google Ads API Terms and Conditions.
  • Google Business Profile — We access your Google Business Profile via the Google Business Profile API (formerly Google My Business API) to manage your business listing, publish posts, respond to reviews, manage photos, and retrieve performance insights. Our use of the Google Business Profile API is subject to the Google Business Profile API Terms of Service.
  • Google Analytics / Google Tag Manager — We may access these platforms to configure tracking, measure campaign performance, and generate reports.
  • Meta (Facebook / Instagram) Advertising — We access your Meta Business account via the Meta Marketing API to manage advertising campaigns.
  • Other Platforms — We may also access additional platforms (CRM systems, call tracking platforms, review platforms, social media management tools) as specified in your Service Agreement.

Client Authorization: By engaging our Services, you grant Excelerate Consulting the limited right and authorization to access and manage the above platforms on your behalf for the sole purpose of delivering the Services described in your Service Agreement. You represent that you have the authority to grant such access and that doing so does not violate any agreement between you and the relevant third-party platform.

Account Ownership: You retain full ownership of all third-party platform accounts at all times. We will never claim ownership of your Google Ads account, Google Business Profile, Meta Business account, or any other third-party platform account. Upon termination of our Services, we will promptly relinquish all access to your accounts.

3. Google API Services — Additional Terms

3.1 Google Ads API Usage

Excelerate Consulting's use of information received from the Google Ads API adheres to the Google Ads API Terms and Conditions, including all applicable usage limits and policies. Specifically:

  • We access your Google Ads data solely to provide campaign management, optimization, and reporting services as described in your Service Agreement.
  • We do not sell, lease, or distribute your Google Ads data to any third party for purposes unrelated to the delivery of our Services.
  • We implement industry-standard security measures to protect Google Ads data in our custody, including encryption in transit and at rest, role-based access controls, and regular security audits.
  • We retain Google Ads performance data for the duration of our service relationship plus a reasonable wind-down period (not to exceed 90 days after termination) for the purpose of final reporting and transition support, after which it is deleted.

3.2 Google Business Profile API Usage

Excelerate Consulting's use of information received from the Google Business Profile API adheres to the Google Business Profile API Terms of Service and Google's API Services User Data Policy. Specifically:

  • We request only the OAuth scopes and permissions necessary to perform the services you have engaged us to provide (e.g., managing business listings, publishing posts, reading and responding to reviews, accessing performance insights).
  • We access your Google Business Profile data solely for the purpose of delivering the Services described in your Service Agreement.
  • We do not use Google Business Profile data for any purpose other than providing and improving the specific Services you have engaged us to deliver.
  • We do not sell, lease, or share your Google Business Profile data with any third parties except as required to deliver our Services (e.g., sub-processors as described in our Privacy Policy) or as required by law.
  • We store Google Business Profile data using encrypted storage with access limited to authorized personnel on a need-to-know basis.
  • You may revoke our access to your Google Business Profile at any time through your Google Account permissions settings at https://myaccount.google.com/permissions.

3.3 Google API Services User Data Policy Compliance

Excelerate Consulting's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements. This means:

  • We limit our use of Google user data to providing and improving the Services that the user has requested.
  • We do not transfer Google user data to third parties except as necessary to provide and improve the Services, to comply with applicable laws, or as part of a merger, acquisition, or sale of assets (with user notification).
  • We do not use Google user data for serving advertisements.
  • We do not allow humans to read Google user data unless we have your affirmative consent for specific messages, it is necessary for security purposes (such as investigating abuse), it is necessary to comply with applicable law, or the data is aggregated and anonymized and used for internal operations.

4. Client Responsibilities

As a Client of Excelerate Consulting, you agree to:

  • Provide accurate and complete information necessary for us to perform the Services, including business information, account credentials (where applicable), and timely feedback.
  • Maintain ownership and administrative access to your third-party platform accounts (Google Ads, Google Business Profile, Meta Business, etc.).
  • Comply with all applicable laws and regulations, including advertising regulations, consumer protection laws, and the terms of service of all third-party platforms we manage on your behalf.
  • Not provide us with false, misleading, or deceptive content to use in marketing materials or advertising campaigns.
  • Pay all fees in accordance with the payment terms specified in your Service Agreement.
  • Promptly notify us of any changes to your business information, services, or compliance requirements that may affect the Services we provide.

5. Fees and Payment

Fees for our Services are specified in your Service Agreement. Unless otherwise stated in the Service Agreement:

  • All fees are quoted in U.S. dollars.
  • Management fees are billed monthly in advance.
  • Advertising spend (media budget) is billed directly by the relevant platform (e.g., Google, Meta) and is separate from our management fees.
  • Payment is due within 15 days of invoice date unless otherwise specified.
  • Late payments accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less.
  • We reserve the right to suspend Services for accounts that are 30 or more days past due.

6. Intellectual Property

6.1 Client Content

You retain all ownership rights to content, materials, and data you provide to us ("Client Content"). You grant us a limited, non-exclusive license to use Client Content solely for the purpose of delivering the Services.

6.2 Excelerate Content

We retain all ownership rights to our proprietary tools, software, methodologies, frameworks, templates, and any original content we create in the course of delivering the Services ("Excelerate Content"), except for custom content specifically created for your campaigns (e.g., ad copy, landing pages, blog posts), which shall be owned by you upon full payment.

6.3 AI-Generated Content

Content generated by our AI systems on your behalf as part of the Services (including but not limited to ad copy, social media posts, and blog content) shall be owned by you upon full payment. We may retain anonymized and aggregated data derived from such content for the purpose of improving our AI models and Services.

7. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). Confidential Information includes, but is not limited to, business strategies, pricing, customer data, marketing data, performance metrics, and proprietary technology. Neither party shall disclose the other party's Confidential Information to any third party except as necessary to perform under these Terms, and each party shall use the same degree of care to protect the other's Confidential Information as it uses to protect its own, but in no event less than reasonable care.

8. Data Security

Excelerate Consulting implements and maintains reasonable administrative, technical, and physical safeguards designed to protect Client data and third-party platform data from unauthorized access, use, disclosure, alteration, or destruction. These safeguards include, but are not limited to:

  • Encryption of data in transit (TLS 1.2+) and at rest (AES-256).
  • Role-based access controls limiting data access to authorized personnel on a need-to-know basis.
  • Multi-factor authentication for access to client accounts and internal systems.
  • Regular security assessments and vulnerability scanning.
  • Employee security awareness training.
  • Incident response procedures for prompt notification and remediation in the event of a security breach.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, EXCELERATE CONSULTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee any specific results from the use of our Services. Digital marketing outcomes are influenced by many factors beyond our control, including but not limited to search engine algorithm changes, competitive actions, market conditions, and third-party platform policy changes. While we will use commercially reasonable efforts to achieve the objectives outlined in your Service Agreement, we cannot guarantee specific rankings, traffic levels, lead volumes, or revenue outcomes.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EXCELERATE CONSULTING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO EXCELERATE CONSULTING DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Excelerate Consulting and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your violation of any applicable law or regulation; (c) any Client Content that is inaccurate, misleading, defamatory, or infringing; or (d) your use of the Services in a manner not authorized by these Terms.

12. Term and Termination

The term of these Terms begins when you first access or use the Services and continues until terminated. The term of your specific Services is governed by your Service Agreement. Either party may terminate the Service Agreement upon 30 days' written notice, unless the Service Agreement specifies a different termination provision.

Upon termination: (a) we will cease providing the Services; (b) we will relinquish access to all your third-party platform accounts within 5 business days; (c) we will provide you with any final reports or deliverables owed; (d) you shall pay all outstanding fees for Services rendered through the termination date; and (e) we will delete or return your data in accordance with our data retention policies and applicable law.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration taking place in Clark County, Nevada. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our Site at least 30 days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

15. Miscellaneous

  • Entire Agreement: These Terms, together with your Service Agreement and our Privacy Policy, constitute the entire agreement between you and Excelerate Consulting with respect to the Services.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
  • Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.
  • Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without your consent in connection with a merger, acquisition, or sale of all or substantially all of our assets.
  • Force Majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government actions, or third-party platform outages.

16. Contact Information

If you have any questions about these Terms of Service, please contact us:

Excelerate Consulting LLC
Nevada, United States
Email: legal@excelerateconsulting.com
Website: excelerateconsulting.com