Legal

Terms of Service

Effective Date: May 19, 2026 · Last updated: May 19, 2026

These Terms of Service ("Terms") govern your access to and use of the website at https://effectivevisibilitymarketing.com (the "Site") and the marketing services provided by EVM LLC ("EVM", "we", "us", or "our"). By using the Site or engaging us for services, you agree to these Terms. If you do not agree, please do not use the Site.

1. About EVM

EVM LLC (EVM LLC) is a Limited Liability Company organized under the laws of the State of Iowa, with its principal place of business at:

2. The Site

The Site provides information about EVM, our services, our portfolio, and lets visitors contact us. The Site is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue any part of the Site at any time without notice.

3. Services

EVM provides digital marketing and technology services including, but not limited to: paid media management (Google Ads, Meta Ads, LinkedIn Ads, TikTok Ads, programmatic), search engine optimization (SEO), local search optimization, content production, web design and development, AI agent and automation development, conversion-rate optimization, and analytics consulting (the "Services").

Specific Services are provided under a separate written agreement, statement of work, or accepted proposal (a "Service Agreement"). The Service Agreement governs scope, fees, timelines, and deliverables for that engagement. In the event of any conflict between a Service Agreement and these Terms, the Service Agreement controls for that engagement.

4. Eligibility

To use the Site or engage our Services, you must (a) be at least 18 years old, (b) have legal authority to enter into a binding agreement on behalf of yourself or the entity you represent, and (c) reside or do business in a jurisdiction where our Services are not prohibited by law.

5. Acceptable use

You agree not to:

  • Use the Site for any unlawful purpose or in violation of these Terms
  • Attempt to gain unauthorized access to any portion of the Site, our systems, or our networks
  • Scrape, harvest, or otherwise collect data from the Site by automated means without our written consent
  • Send malware, spam, or any malicious code through the Site or to our staff
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Interfere with the operation of the Site or the experience of other visitors

6. Intellectual property

All content on the Site — including text, graphics, the EVM name, the EVM logo, page layouts, source code, and the phoenix mark — is owned by EVM or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may view, print, and download content from the Site for personal, non-commercial reference purposes only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, sell, license, or commercially exploit any content from the Site without EVM's prior written consent.

If you provide us with feedback, ideas, or suggestions about our Site or Services ("Feedback"), you grant EVM a perpetual, worldwide, royalty-free, sublicensable license to use, modify, and incorporate that Feedback into our business without obligation to you.

7. Client engagements

When you engage EVM for Services:

7.1 Authorization

You authorize EVM to take actions on your behalf as set out in your Service Agreement, including (where applicable) creating, managing, and optimizing advertising accounts; placing ads on platforms such as Google Ads, Meta, LinkedIn, and TikTok; modifying your website or ad assets; and acting as an authorized agent in communications with marketing and advertising platforms.

7.2 Fees and payment

Fees, billing cadence, and payment terms are specified in your Service Agreement. Unless otherwise stated, invoices are due within 15 days of receipt. Past-due balances may accrue interest of 1.5% per month (or the maximum allowed by law) and may result in suspension of Services. See Section 8 (Payments and Billing) below for full payment terms.

7.3 Ad spend

Advertising platform spend (Google Ads, Meta, LinkedIn, TikTok, programmatic, etc.) is billed by the platform directly to you on the payment method you authorize. EVM does not mark up ad spend unless explicitly stated in your Service Agreement.

7.4 Client responsibilities

You are responsible for: (a) providing timely and accurate information needed for the Services, (b) the legality of the products, services, and content you ask us to promote, (c) the accuracy of claims made in your advertising, (d) compliance with applicable laws in your industry (including FTC, CAN-SPAM, TCPA, HIPAA, FDA, FINRA, and any other regulatory frameworks that apply to your business), and (e) maintaining backups of your website and data.

7.5 No guarantees

While we apply substantial experience and best efforts, marketing results are inherently variable. We do not guarantee specific outcomes — including but not limited to specific ad costs, click volumes, conversion rates, search rankings, revenue figures, or return on investment. Any forecasts or projections we provide are good-faith estimates, not commitments.

8. Payments and Billing

8.1 Payment processor

All payments on this Site are processed by Stripe, Inc., a PCI-DSS Level 1 certified payment processor. Card and bank information you submit goes directly to Stripe through Stripe's secure, encrypted Checkout or Elements integration. EVM does not see, store, or have access to your full card number, CVC, or bank account number at any time. EVM receives only a tokenized customer ID, the last 4 digits, card brand, expiration date, transaction amount, and transaction status. For Stripe's terms, see https://stripe.com/legal.

8.2 Authorization to charge

By submitting payment information through our Site, by signing a Service Agreement that authorizes recurring charges, or by accepting a quote that specifies recurring fees, you authorize EVM (through Stripe) to charge the payment method you provide for the fees, taxes, and any other amounts owed under your agreement with us. You represent that you are the authorized user of the payment method and that all information you provide is true and complete.

8.3 Currency

All prices, fees, and invoices are stated in United States Dollars (USD) unless explicitly stated otherwise. If you pay from a non-USD bank or card, your bank or card issuer will perform currency conversion at their own rate and may charge foreign transaction fees, for which EVM is not responsible.

8.4 Taxes

Fees do not include sales tax, value-added tax (VAT), goods and services tax (GST), or any other applicable taxes, duties, or government charges, unless explicitly stated. You are responsible for paying all such taxes associated with your purchase, except for taxes based on EVM's net income. Where required by law, EVM will collect and remit applicable taxes; in those cases the tax amount will appear on your invoice or receipt.

8.5 Recurring billing (subscriptions and retainers)

Some Services are billed on a recurring basis (monthly, quarterly, or annual retainers; subscription packages; managed-service fees). By starting a recurring engagement, you authorize EVM to charge your payment method on the agreed cadence until you or EVM cancel the engagement in accordance with your Service Agreement. Recurring charges continue until canceled — there is no automatic expiration. EVM may pause or stop a recurring charge if your payment method fails, your account is delinquent, or your engagement is terminated.

8.6 Statement descriptor

Charges from EVM on your credit-card or bank statement will appear as "EVM LLC". If you see a charge you do not recognize, please contact us at effectivevisibilitymarketing@gmail.com with the date, amount, and last 4 digits of the card — we will resolve any legitimate issue same business day.

8.7 Receipts and invoices

Stripe will email an automatic receipt for each payment. We will provide additional invoices on request and as needed for tax or accounting purposes.

8.8 Failed payments and late charges

If a payment fails (card declined, insufficient funds, expired card, etc.), EVM (through Stripe) may retry the charge per Stripe's standard retry schedule. Repeated failures may result in suspension of Services. Past-due balances may accrue interest of 1.5% per month (or the maximum rate allowed by applicable law) until paid in full. You are responsible for keeping your payment method current.

8.9 Refunds and cancellations

EVM's refund and cancellation policy is described in detail at our Customer Support page and is incorporated into these Terms by reference. In summary:

  • Setup fees: non-refundable once configuration work has begun.
  • Monthly retainers: may be canceled with 30 days' written notice; work completed within the notice period is not refunded.
  • Project work: milestones already delivered are not refundable; future milestones not yet started can be canceled with no further charge.
  • Ad spend: billed directly by the advertising platform to your authorized payment method; refunds are handled by the platform.

Your specific Service Agreement may provide different refund terms, in which case the Service Agreement controls.

8.10 Chargebacks and disputes

If you have a question or concern about a charge, please contact EVM first at effectivevisibilitymarketing@gmail.com before initiating a chargeback with your card issuer. We resolve legitimate billing issues quickly and in good faith.

If you initiate a chargeback without first contacting us, EVM reserves the right to: (a) suspend or terminate the Services, (b) charge a $25 administrative fee per chargeback to recover Stripe's chargeback fees and our processing time, (c) submit evidence to your card issuer to dispute the chargeback, and (d) collect any unpaid amounts through customary commercial methods. Initiating a fraudulent chargeback may also result in collection action and reporting to credit bureaus.

8.11 Price changes

EVM may change prices for new Services at any time. For existing recurring engagements, EVM will give at least 30 days' written notice (by email to the address on file) before any price increase takes effect. You may cancel the engagement before the new price applies if you do not agree to the change.

9. Confidentiality

If you share non-public information with EVM in connection with a Service engagement, we will treat that information as confidential and use it only to provide the Services. We may share information with our staff, contractors, and subprocessors who need it to perform the work and who are bound by confidentiality obligations. We will not be liable for any information you submit through public-facing forms on the Site.

10. Termination

You may stop using the Site at any time. We may suspend or terminate your access to the Site or any Services at our discretion if you violate these Terms or your Service Agreement, if you fail to pay invoices when due, or if continuing the engagement would expose EVM to legal or reputational risk.

11. Disclaimer of warranties

THE SITE AND ANY INFORMATION PROVIDED ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVM DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL EVM OR ITS OFFICERS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES, EVEN IF EVM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EVM's total cumulative liability arising out of or in connection with the Site or any Services will not exceed the greater of (a) one thousand U.S. dollars ($1,000) or (b) the total fees paid by you to EVM in the three (3) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to defend, indemnify, and hold harmless EVM and its officers, members, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Site or Services, (b) your violation of these Terms or any Service Agreement, (c) your violation of any law or third-party right, including the intellectual property or privacy rights of any third party, and (d) any content, products, or services you ask EVM to promote.

14. Third-party services

The Services often involve third-party platforms (Google Ads, Meta, LinkedIn, TikTok, Stripe, Postmark, hosting providers, analytics vendors, etc.). EVM is not responsible for the availability, terms, pricing changes, policy changes, account suspensions, or actions of those third parties. Use of those platforms is subject to each platform's own terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Iowa, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services that cannot be resolved through good-faith negotiation will be brought exclusively in the state or federal courts located in Black Hawk County, Iowa, and the parties consent to the personal jurisdiction of those courts.

To the extent permitted by law, you and EVM each waive any right to a jury trial.

16. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Material changes will be highlighted with a notice on the Site. Your continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

17. Miscellaneous

  • Entire agreement. These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and EVM regarding the Site and the Services.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.
  • No waiver. EVM's failure to enforce any provision is not a waiver of that provision or any other provision.
  • Assignment. You may not assign these Terms without EVM's written consent. EVM may assign these Terms in connection with a merger, acquisition, financing, or sale of all or substantially all of its assets.
  • Notices. Notices to EVM must be sent to the address or email above. Notices to you may be sent to the email address you provided to us.

18. Contact us

Questions about these Terms should be sent to:

EVM LLC
2405 Leigh Ln
Cedar Falls, IA 50613
United States
Email: effectivevisibilitymarketing@gmail.com
Phone: (515) 321-7425