(213) 320-7773

PinkShark Marketing

Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of pinksharkmarketing.com (the “Site”) and any services offered by PinkShark Marketing (“PinkShark,” “we,” “us,” or “our”), including landing page design, paid advertising management, conversion rate optimization, SEO, CRM and marketing automation, and related consulting services (collectively, the “Services”). By accessing the Site, submitting a form, or engaging PinkShark for Services, you (“you,” “your,” or “Client”) agree to be bound by these Terms. If you do not agree, do not use the Site or Services.

1. Eligibility

The Site and Services are intended for businesses and individuals who are at least 18 years old and have the authority to bind the business on whose behalf they are acting. By using the Site or Services, you represent that you meet these requirements.

2. Description of Services

PinkShark provides marketing and advertising services, which may include, without limitation: website and landing page design, paid media management (including Google Ads, Meta Ads, and TikTok Ads), search engine optimization, conversion rate optimization and testing, tracking and analytics setup, and CRM or automation implementation. Specific deliverables, timelines, and fees for any engagement will be set out in a separate proposal, statement of work, or services agreement (“Service Agreement”) between PinkShark and the Client. If there is any conflict between these Terms and a signed Service Agreement, the Service Agreement will control for that engagement.

3. Use of the Site

You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
  • Use the Site in any way that violates applicable local, state, national, or international law
  • Attempt to gain unauthorized access to the Site, our systems, or related networks
  • Introduce viruses, malware, or other harmful code
  • Scrape, data-mine, or use automated means to access the Site without our prior written consent
  • Submit false, misleading, or fraudulent information through any form on the Site
  • Interfere with or disrupt the operation of the Site or servers/networks connected to it

4. Forms, Consultations, and Lead Submissions

When you submit a form (such as a request for a free growth plan), request a consultation, or otherwise provide contact information, you consent to PinkShark contacting you by phone, email, or text regarding your inquiry and our Services, subject to our Privacy Policy. Submitting a form or scheduling a consultation does not, by itself, create a client relationship, obligation, or guarantee of services; an engagement begins only upon execution of a Service Agreement.

5. Fees and Payment

Fees for Services will be set out in the applicable Service Agreement or invoice and may include one-time setup fees, recurring management fees, and pass-through advertising spend paid directly to ad platforms or held in trust and billed to the Client. Unless otherwise agreed in writing, invoices are due upon receipt or as specified in the Service Agreement. Late payments may result in suspension of Services and may accrue interest or fees as permitted by law. Advertising spend budgets are set and controlled by, or approved by, the Client, and PinkShark is not responsible for platform costs beyond what the Client has authorized.

6. No Guarantee of Results

Marketing, advertising, and search engine results depend on numerous factors outside PinkShark’s control, including but not limited to market conditions, competitor activity, platform algorithm changes, ad platform policies, industry, budget, and the Client’s own website, products, pricing, and operations. While PinkShark uses commercially reasonable efforts and industry expertise to improve performance, PinkShark does not guarantee any specific results, including but not limited to traffic, leads, conversions, rankings, return on ad spend (ROAS), or revenue. Any figures, case studies, or testimonials referenced on the Site (including past client results) are illustrative only and are not a guarantee of similar outcomes for you.

7. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is owned by or licensed to PinkShark and is protected by intellectual property laws. Except as expressly permitted by a Service Agreement, you may not copy, reproduce, distribute, modify, or create derivative works from any content on the Site without our prior written consent. Unless otherwise agreed in a Service Agreement, PinkShark retains ownership of its pre-existing tools, templates, frameworks, and methodologies used in delivering Services. Client-specific deliverables (such as a client’s custom landing pages, ad creative, or campaigns) will transfer or be licensed to the Client as specified in the applicable Service Agreement, generally upon full payment for the related work.

8. Confidentiality

Each party agrees to protect the other party’s confidential and proprietary information disclosed during the engagement, including business, marketing, and performance data, and to use it only for purposes of the engagement, except as required by law or as otherwise agreed in writing.

9. Third-Party Platforms and Services

Our Services may rely on third-party platforms, including advertising networks (such as Google, Meta, and TikTok), analytics providers, hosting providers, and CRM or automation tools. PinkShark is not responsible for the availability, performance, policies, or acts or omissions of these third-party platforms, including account suspensions, policy changes, or outages that affect campaign performance.

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PINKSHARK DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY SPECIFIC MARKETING OR BUSINESS RESULTS WILL BE ACHIEVED.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PINKSHARK AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, PINKSHARK’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE OR SERVICES WILL NOT EXCEED THE FEES PAID BY THE CLIENT TO PINKSHARK FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THIS LIMITATION DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless PinkShark and its owners, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
  • Your breach of these Terms
  • Your violation of any law or third-party right
  • Content, products, claims, or information you provide to PinkShark for use in campaigns or on your behalf
  • Your use of the Site or Services

13. Termination

PinkShark may suspend or terminate your access to the Site at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to PinkShark or other users. Termination of a specific Client engagement is governed by the termination provisions in the applicable Service Agreement.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or related to the Site or Services will be governed by the laws of the State of California, without regard to its conflict-of-laws principles, unless otherwise specified in a Service Agreement. Any legal action or proceeding will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

15. Changes to These Terms

We may revise these Terms from time to time. The updated Terms will be posted on this page with a revised “Effective Date.” Your continued use of the Site or Services after changes take effect constitutes your acceptance of the revised Terms.

16. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and PinkShark regarding the Site and Services, and supersede any prior agreements regarding the same subject matter.

17. Contact Us

If you have questions about these Terms, please contact us:
Company: PinkShark Marketing
Email: info@pinksharkmarketing.com
Phone: (213) 320-7773
Website: pinksharkmarketing.com