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Terms of Service

Here is a complete, professional Terms of Service agreement tailored specifically for Performance and Pixel.

Because you build automated systems and manage ad budgets on platforms like Meta, Google, and LinkedIn, I have included crucial agency-specific clauses to protect you. These ensure that clients understand they are responsible for their own ad spend, that you don’t guarantee specific ROI metrics, and that you are not liable if a third-party platform (like Facebook) randomly bans their ad account.

You can copy and paste this directly into your WordPress “Terms of Service” page.

Terms of Service

Last Updated: March 2026

Welcome to Performance and Pixel (“we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website at https://performanceandpixel.com/ (the “Site”) and the digital marketing, e-commerce development, and automation services we provide (the “Services”).

By accessing our Site or engaging our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or Services.

1. Our Services

Performance and Pixel provides performance marketing, digital advertising management, website and e-commerce development, and marketing automation systems. The specific details, deliverables, timelines, and fees for your Services will be outlined in a separate written agreement, proposal, or Statement of Work (SOW) provided to you prior to the start of any project.

2. Client Responsibilities

To ensure the successful delivery of our Services, you agree to:

  • Provide timely access to necessary assets, including ad accounts (Meta, Google, LinkedIn, etc.), CRM platforms, website CMS (Shopify, WordPress), and analytics tools.

  • Ensure that all materials, images, copy, and data you provide to us do not infringe on the intellectual property rights of any third party.

  • Maintain compliance with the terms of service and advertising policies of all third-party platforms where your ads are served.

3. Financial Terms, Billing, and Ad Spend

  • Agency Fees: Fees for our Services will be billed according to your specific agreement or SOW. Unless otherwise stated, all invoices are due upon receipt. We reserve the right to pause Services if payments are not made on time.

  • Ad Spend: You are solely responsible for all advertising spend billed directly by third-party platforms (e.g., Meta Ads, Google Ads, LinkedIn Ads, TikTok Ads). Performance and Pixel is not responsible for paying your advertising costs, nor are we liable for any overdrafts, credit card limits, or billing errors originating from those platforms.

  • Refunds: Due to the nature of digital marketing and custom development work, all agency fees are non-refundable once work has commenced, unless explicitly stated otherwise in your individual contract.

4. No Guarantees on Results

While we utilize data-driven strategies, ruthless creative testing, and advanced automation to optimize your campaigns, digital marketing involves inherent risks. We do not guarantee specific results, sales volumes, Return on Ad Spend (ROAS), or Customer Acquisition Costs (CAC). Algorithms, market conditions, and consumer behavior fluctuate, and you acknowledge that past performance is not a guarantee of future results.

5. Third-Party Platforms and Account Suspensions

Our Services heavily rely on third-party platforms, software, and APIs (such as Meta, Google, LinkedIn, Shopify, Make, n8n, OpenAI, etc.). We do not control these platforms. Therefore, Performance and Pixel is not liable for:

  • Changes in algorithms that affect campaign performance or SEO.

  • Service outages or API limitations on third-party software.

  • The suspension, restriction, or banning of your advertising accounts by the platform providers. We will assist in the appeal process where possible, but the final decision rests with the platform.

6. Intellectual Property

  • Client IP: You retain full ownership of all logos, brand assets, customer data, and intellectual property you provide to us.

  • Agency IP: We retain ownership of the proprietary frameworks, custom scripts, internal automation workflows, and methodologies we use to deliver the Services.

  • Deliverables: Upon full payment of your invoices, you are granted a non-exclusive, royalty-free license to use the final deliverables (ad creatives, copy, custom web pages) created specifically for your business.

7. Limitation of Liability

To the maximum extent permitted by applicable law, Performance and Pixel, its directors, employees, and contractors shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or business interruption arising out of or related to your use of our Site or Services.

8. Termination

Either party may terminate the Services with written notice as outlined in your specific SOW or client agreement. Upon termination, you remain responsible for any outstanding agency fees incurred up to the date of cancellation, as well as any ongoing ad spend on your connected platforms.