Terms & Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement (the "Agreement") made between you, whether personally or on behalf of an entity ("Client," "you," or "your") and ROI Marketing Applications ("Company," "we," "us," or "our"), concerning your subscription to our website hosting services and, where applicable, our AI + CRM platform (collectively, the "Services"). By enrolling in any plan, signing a proposal or service order that references these Terms, or by continuing to use the Services after the effective date, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not have such authority, or if you do not agree with all of these Terms, you must not enroll in or continue to use the Services.

ROI Marketing Applications provides ongoing website hosting, maintenance, and an optional AI + CRM platform under two (2) subscription tiers. The specific features of each plan are outlined in your signed service order or proposal; the pricing and commitment structure of each plan is summarized below.

The CRM platform is provided to you as our own proprietary AI and CRM system. You receive a license to access and use the platform for the duration of an active, paid subscription. You do not acquire any ownership or intellectual property rights in the platform itself.

Each subscription plan carries an initial commitment period of twelve (12) consecutive months (the "Initial Term"), beginning on the date your Services are activated (the "Effective Date"). By enrolling, you agree to maintain and pay for the Services for the full duration of the Initial Term.

During the Initial Term, the plan is not cancellable for convenience. This commitment allows us to recover the cost of building, deploying, and onboarding your website and CRM at no upfront charge, and to invest in the ongoing optimization of your marketing infrastructure. Early termination during the Initial Term is addressed in Section 6 below.

Fees are billed monthly in advance on the same calendar day each month as your Effective Date. The Standard Hosting plan is billed at $99.00/month and the Hosting + CRM plan is billed at $249.00/month, exclusive of applicable taxes. Pricing is guaranteed for the duration of your Initial Term.

Payment is collected automatically via the electronic payment method you provide at enrollment (credit card, debit card, or ACH). You authorize ROI Marketing Applications to charge the recurring monthly fee until this Agreement is terminated in accordance with these Terms. If a payment fails, we will attempt to contact you and may retry the charge; a failed payment does not relieve you of your obligation to pay for the Services.

Following the Initial Term, pricing may be adjusted with no less than thirty (30) days' prior written notice. Any price change takes effect at the start of the next renewal period and your continued use of the Services after that date constitutes acceptance of the new pricing.

Upon completion of the Initial Term, your subscription automatically converts to a month-to-month arrangement (the "Renewal Term"). During the Renewal Term, the Services continue on the same plan and at the then-current pricing, and either party may cancel as described in Section 6.

The month-to-month Renewal Term continues indefinitely until one party provides written notice of cancellation. There is no additional long-term commitment required after the Initial Term is satisfied — you retain full flexibility to continue, pause, or cancel month to month.

6.1 Cancellation After the 12-Month Commitment

After the Initial Term has been completed in full, you may cancel the Services at any time by providing written notice (email to hello@roimarketing.app) at least thirty (30) days before your next billing date. Upon cancellation:

• Your final month is billed through the end of the current billing cycle, and no further charges are processed.
• Access to the website hosting environment and the CRM platform is disabled at the end of the paid billing cycle.
• You are responsible for exporting any data, contacts, pipelines, or content you wish to retain from the CRM platform prior to the cancellation date. ROI Marketing Applications is not responsible for data that is not exported before access is disabled.
• We will, upon your written request, provide a reasonable export of your CRM contact and pipeline data in a standard format (such as CSV) within fourteen (14) business days of the cancellation date, at no additional charge, provided your account is in good standing.

6.2 Early Termination During the 12-Month Commitment

If you choose to cancel before the end of the Initial Term, an early termination fee equal to the remaining balance of monthly fees for the unexpired portion of the Initial Term becomes immediately due and payable. This reflects the no-upfront-cost model under which your website and CRM were built and deployed.

6.3 Termination by ROI Marketing Applications

We may suspend or terminate the Services immediately, without notice, if you breach these Terms, fail to pay fees when due, or use the Services in a manner that is unlawful, abusive, or that threatens the integrity or security of our platform or other clients. On termination for cause, all unpaid fees for the remainder of the Initial Term remain due and payable.

6.4 Effect of Termination

Upon any termination, all licenses granted to you under this Agreement cease immediately. Sections that by their nature should survive termination — including payment obligations, intellectual property, limitations of liability, and dispute resolution — remain in effect.

To keep the Services functioning and compliant, you agree to:

• Provide accurate, complete, and lawful content for your website and CRM, and ensure you hold the rights to all materials you ask us to publish or store.
• Maintain the security and confidentiality of any login credentials, API keys, or access provided to you, and remain responsible for all activity under your account.
• Use the CRM platform in compliance with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the General Data Protection Regulation (GDPR) where applicable, and any other data-protection or electronic-marketing laws governing your contacts and customers.
• Obtain all necessary consent before importing contacts into the CRM or sending automated email or SMS communications, and honor opt-out and unsubscribe requests promptly.
• Keep your payment method current and notify us of any billing changes to avoid service interruption.

Upon completion of the Initial Term and provided your account is in good standing, you own the final, published website design and its content (text, images, and media you supplied). ROI Marketing Applications retains ownership of all underlying templates, frameworks, proprietary code, tools, and the CRM platform that are not specific to your business.

If you cancel during the Initial Term and the early termination fee is not paid in full, we reserve the right to withhold transfer of the website and to suspend hosting until the account is settled. Domain names registered on your behalf remain your property; we will facilitate transfer of the domain to a registrar of your choice upon request, subject to any registrar-imposed transfer restrictions.

We warrant that the Services will be performed in a professional and workmanlike manner consistent with industry standards, and that the website hosting environment will maintain a target uptime of 99.9% excluding scheduled maintenance and events outside our reasonable control.

EXCEPT AS EXPRESSLY STATED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ROI MARKETING APPLICATIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC MARKETING RESULTS, LEAD VOLUMES, SEARCH RANKINGS, OR REVENUE OUTCOMES, AS THESE DEPEND ON FACTS OUTSIDE OUR CONTROL.

To the maximum extent permitted by law, ROI Marketing Applications' total aggregate liability arising out of or relating to this Agreement shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

IN NO EVENT SHALL ROI MARKETING APPLICATIONS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

• Governing Law. This Agreement is governed by the laws of the State of Idaho, without regard to its conflict-of-law principles. Any dispute shall be resolved in the state or federal courts located in Idaho.
• Notices. All formal notices to us must be sent to hello@roimarketing.app or by mail to 137 S State Street, Rigby, ID 83442.
• Modifications. We may update these Terms from time to time. Material changes will be communicated with no less than thirty (30) days' notice. Continued use of the Services after the effective date of any change constitutes acceptance.
• Entire Agreement. These Terms, together with your signed service order or proposal, constitute the entire agreement between the parties and supersede all prior understandings.
• Severability. If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• No Waiver. Our failure to enforce any right on one occasion does not constitute a waiver of that right on any other occasion.