PUBLICIFIED — TERMS OF SERVICE
Effective Date: September 17, 2026
Last Updated: November 2, 2026
These Terms of Service ("Terms") constitute an agreement between a sole proprietorship, doing business as Publicified ("Publicified," "we," "us," or "our"). These Terms apply to you, the individual or business purchasing, accessing, or using our services ("you," "Client," or "your").
By purchasing, accessing, or using any of our Services, or by accepting these Terms during checkout or through another written agreement, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
1. Definitions
Account — Your registered account or access credentials associated with Publicified's Services.
Client Content — Text, images, logos, videos, business information, customer information, leads, reviews, and any other materials you provide, upload, or authorize Publicified to use in connection with the Services.
Google Business Profile (GBP) — The business listing associated with your company on Google's platform.
Platform — Any software, online tools, dashboards, websites, forms, automations, integrations, or other technology used or made available by Publicified to provide the Services.
Services — Website design and development, website hosting, lead capture systems, automated notifications, review request systems, Google Business Profile management, local SEO, AI search visibility optimization, and any other services Publicified makes available to you.
Subscription — Your recurring payment arrangement for Services provided by Publicified.
Third-Party Services — External platforms and providers used in connection with the Services, including Google, website hosting providers, domain registrars, SMS providers, payment processors, and other software platforms.
2. Eligibility and Account Responsibilities
You must be at least 18 years old and legally capable of entering into a binding agreement to use our Services.
You agree to provide accurate and complete information when purchasing or registering for our Services and to keep that information current.
You are responsible for all activities conducted through your Account or using access credentials provided to you, including activities by your employees, contractors, or other authorized users.
You agree to maintain the confidentiality of your login credentials and notify Publicified promptly if you believe your Account has been accessed without authorization.
3. Services
Publicified provides online visibility, website, and customer acquisition services to local service-based businesses.
Depending on the service purchased, our Services may include:
Website design, development, and hosting.
Website contact forms, estimate request forms, and lead capture systems.
Automated notifications to business owners when prospective customers submit inquiries.
Automated text message follow-ups to prospective customers, where included in the agreed service.
Google Business Profile setup, optimization, and ongoing management.
Local search engine optimization (Local SEO).
Website content and on-page SEO improvements.
AI search visibility optimization intended to improve how businesses are represented and discovered through AI-assisted search platforms.
Automated customer review request systems.
Related website, marketing, and online visibility services.
The specific Services, features, deliverables, pricing, and responsibilities included in your purchase will be described in your proposal, invoice, order form, subscription plan, or other written agreement.
Publicified may update, modify, or improve its Services from time to time. We will make reasonable efforts to avoid materially reducing the core functionality of an active paid service without appropriate notice.
4. Service Plans and Pricing
The pricing and Services available to you will be presented before purchase or documented in your proposal, invoice, subscription plan, or written agreement.
Different Services may be offered as one-time projects, recurring monthly subscriptions, or prepaid service commitments.
Unless otherwise stated in writing, services not specifically included in your selected plan or proposal are not included in your purchase and may require additional payment.
Pricing may change from time to time. Any price increase to an existing recurring Subscription will be communicated at least 30 days before the increase takes effect, unless otherwise agreed or required by law.
5. Billing, Auto-Renewal, and Payment
Advance Billing. Subscription fees are billed in advance for each applicable billing period unless otherwise stated in writing.
Auto-Renewal. Recurring Subscriptions automatically renew at the then-current rate at the end of each billing period until canceled in accordance with these Terms.
Payment Method. Payments may be processed through Stripe or another payment processor selected by Publicified. By providing a payment method, you authorize Publicified and its payment processor to charge your payment method for applicable Subscription fees, project fees, usage charges, and taxes.
Payment Authorization. You are responsible for maintaining a valid payment method and ensuring sufficient funds are available to pay amounts due.
Taxes. Unless otherwise stated, prices do not include applicable sales, use, or similar taxes. You are responsible for applicable taxes other than taxes imposed on Publicified's income.
6. Third-Party and Usage-Based Charges
Certain Services may require third-party tools, software, phone numbers, messaging services, hosting, domain registration, or other external services.
Depending on your plan and service arrangement, additional charges may apply for:
SMS and MMS messages.
Phone numbers and voice services.
Website hosting or third-party hosting services.
Domain registration and renewal.
Premium software, integrations, or third-party tools.
Other usage-based or pass-through service costs.
Any applicable charges that are not included in your Subscription will be communicated through your proposal, invoice, plan details, or other written agreement.
Third-party rates and fees may change. Publicified is not responsible for price changes imposed by third-party providers.
7. Refund Policy
Unless otherwise required by law or expressly agreed to in writing, payments for Services are non-refundable once work has begun or the applicable service period has started.
This includes custom website design and development, setup fees, completed work, recurring Subscription payments, and prepaid service commitments.
You acknowledge that certain Services involve custom work, setup, configuration, and time reserved specifically for your business.
If you cancel a Subscription, you are not automatically entitled to a refund for the unused portion of the current billing period or a prepaid commitment.
Nothing in this section limits any rights you may have under applicable law.
8. Payment Disputes and Chargebacks
If you have a concern regarding a payment or the Services provided, you agree to contact Publicified first so that we have a reasonable opportunity to investigate and address the issue.
You agree not to initiate a chargeback for Services that were properly authorized and delivered.
If a payment dispute or chargeback is initiated, Publicified may provide relevant documentation to the payment processor or financial institution, including agreement acceptance, invoices, payment records, communications, project progress, and evidence of service delivery.
Publicified reserves the right to suspend or terminate Services for unpaid balances or fraudulent payment activity.
Nothing in this section prevents you from exercising any legitimate rights available to you under applicable law.
9. Free Trials, Discounts, and Promotions
Publicified may offer promotional pricing, discounts, free trials, or limited-time offers.
Unless otherwise stated in writing, promotional pricing applies only for the specified promotional period. Once that period ends, the Subscription may renew at the standard price disclosed to you.
A free trial or promotional offer does not automatically include every feature or service available under a paid plan.
Publicified reserves the right to modify or discontinue promotional offers at any time, subject to existing commitments and applicable law.
10. Service Delivery and Client Cooperation
Publicified will make reasonable efforts to deliver Services within the estimated timelines communicated to you.
Website projects and other custom work may require onboarding forms, business information, images, logos, website content, account access, approvals, and other materials from you.
Project timelines begin when Publicified has received the necessary information, materials, access, and approvals required to begin work, unless otherwise agreed in writing.
Delays caused by missing information, delayed approvals, inaccurate materials, unavailable third-party services, or other circumstances outside Publicified's reasonable control may extend delivery timelines.
Services may be considered delivered when the agreed website, setup, configuration, or other applicable deliverables have been completed and made available to you.
11. Payment Failures and Suspension
If a payment fails or an outstanding balance remains unpaid, Publicified may notify you and attempt to collect the outstanding amount.
Publicified reserves the right to suspend access to Services, hosting, website functionality, automations, or other subscription-dependent features if payment remains overdue.
If the balance remains unpaid, Publicified may terminate the Subscription and discontinue the applicable Services.
Suspension or termination does not eliminate your responsibility to pay outstanding fees, usage charges, or other amounts owed.
12. Cancellation
You may cancel a recurring Subscription by contacting Publicified through the contact information provided in these Terms or through any cancellation method made available to you.
Unless otherwise stated in writing, cancellation becomes effective at the end of the current paid billing period. You will not be charged for future billing periods after cancellation takes effect.
Cancellation does not automatically entitle you to a refund for the current billing period or any prepaid commitment.
One-time projects and completed work are not automatically canceled or refunded by terminating a separate Subscription.
13. Intellectual Property
13.1 Publicified's Intellectual Property
Publicified retains ownership of its website templates, software, systems, automations, workflows, processes, marketing materials, branding, designs, reusable components, tools, and underlying technology, including any intellectual property developed or used by Publicified to provide the Services.
Subject to your compliance with these Terms and payment of all applicable fees, Publicified grants you a limited, non-exclusive, non-transferable, revocable license to use the applicable Services and licensed website during your active Subscription, solely for your business purposes.
All rights not expressly granted to you are reserved by Publicified or its applicable licensors.
13.2 Client Content
You retain ownership of your original Client Content.
You grant Publicified a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, modify as reasonably necessary, and process your Client Content for the purpose of providing the Services and as permitted by our Privacy Policy.
You represent that you own or have obtained the necessary rights, permissions, and licenses to provide all Client Content to Publicified.
You are responsible for ensuring that your Client Content does not violate another person's intellectual property, privacy, publicity, or other legal rights.
13.3 Websites and Domains
Websites we build for you are provided to you under the license described in Section 13.1 and are hosted on our infrastructure or through hosting providers selected by Publicified.
Upon termination of your Subscription, your right to use the website ends, and we are not obligated to transfer the website's source code, theme, or templates to you. You retain ownership of any custom Client Content (text, images, logos) you provided.
If you registered your domain through us, ownership of the domain registration transfers to you upon request and payment of any applicable transfer fees.
Where a domain is registered directly in your name or your business's name, you retain the applicable registrant rights, and Publicified will provide reasonable assistance with a transfer request, subject to any outstanding fees and applicable registrar requirements.
13.4 Google Business Profile Ownership
Your Google Business Profile remains associated with your business. Publicified does not claim ownership of your business listing.
You authorize Publicified to receive the access necessary to manage, update, optimize, and maintain your Google Business Profile as part of the Services.
You are responsible for maintaining appropriate ownership and administrator access to your Google Business Profile.
13.5 Feedback
If you provide Publicified with suggestions, ideas, recommendations, or feedback regarding the Services, you grant Publicified a perpetual, worldwide, royalty-free right to use and incorporate that feedback without compensation or obligation to you.
14. Acceptable Use
You agree NOT to use the Services to:
Send unsolicited messages, spam, or unlawful communications.
Send SMS, MMS, email, or other communications without legally required consent.
Generate, purchase, fabricate, or manipulate fake customer reviews, ratings, or testimonials.
Misrepresent your business, services, pricing, credentials, or customer experiences.
Publish unlawful, defamatory, fraudulent, misleading, or infringing content.
Violate another person's privacy, intellectual property, or other legal rights.
Impersonate another individual, business, or organization.
Promote illegal activities or products in violation of applicable laws or third-party platform policies.
Reverse-engineer, decompile, or attempt to obtain the source code of Publicified's proprietary systems.
Resell, sublicense, or redistribute Publicified's Services without written authorization.
Attempt to bypass security measures, access restrictions, or technical limitations.
Upload malware, viruses, or other harmful code.
Interfere with, disrupt, or damage Publicified's systems or third-party services connected to the Services.
Publicified may suspend or terminate Services if you engage in prohibited activity or use the Services in a manner that creates legal, regulatory, security, or reputational risk.
15. Client Responsibilities and Legal Compliance
15.1 Business Information and Content
You are responsible for providing accurate, complete, and up-to-date business information, including business names, addresses, phone numbers, service descriptions, operating hours, pricing, images, and other materials.
You are responsible for reviewing and approving content, website information, and marketing materials before or after publication, as applicable.
Publicified is not responsible for inaccurate information supplied or approved by you.
15.2 Customer Communications and SMS Consent
When you use Publicified's Services to send SMS, MMS, email, or other communications to your customers or prospective customers, you are responsible for those communications and their compliance with applicable laws.
You are solely responsible for:
Obtaining valid consent before sending communications where consent is legally required.
Maintaining records of consent and authorization.
Providing required disclosures and identifying your business as the sender.
Honoring opt-out requests, including STOP or other legally required unsubscribe requests.
Complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, applicable state laws, and carrier messaging requirements.
Completing any required business or messaging registration, including A2P 10DLC registration where applicable.
Publicified provides technology and automation tools. Publicified does not determine whether your individual customer communications are legally authorized.
15.3 Review Request Systems
If you use Publicified's automated review request system, you are responsible for ensuring that the customer information you submit is accurate and that you have the appropriate legal basis and permissions to contact those individuals.
You agree not to use the system to create fake reviews, offer prohibited incentives, selectively manipulate review outcomes, or otherwise violate Google's review policies or other applicable platform rules.
Publicified does not guarantee that a customer will respond to a review request or leave a review.
15.4 Personal Information
If you provide Publicified with personal information about your customers, prospects, employees, or other individuals, you represent that you have provided all required notices, obtained all required permissions, and have the legal right to share that information for the purposes of the Services.
You are responsible for complying with applicable privacy and data protection laws in connection with information you collect and provide.
15.5 Client Indemnification for Communications
You agree to indemnify and hold Publicified harmless from claims, fines, penalties, losses, or damages arising from your communications, review requests, customer data, or failure to obtain required consent, as further described in Section 20.
16. Third-Party Websites and Services
Publicified may use or link to third-party websites, applications, software, and services to provide or support its Services.
These may include Google, Google Business Profile, Google Maps, website hosting providers, domain registrars, payment processors, SMS providers, analytics tools, and other external platforms.
Publicified does not own or control these third-party services and is not responsible for their content, availability, security, policies, decisions, or performance.
Your use of third-party services may be subject to separate terms, privacy policies, and fees.
Changes made by third-party providers may affect the availability or functionality of some Services. Publicified is not responsible for outages, suspensions, account restrictions, policy changes, or other actions taken by third-party providers.
17. Term and Termination
17.1 Term
These Terms begin when you accept them or purchase Services from Publicified and continue for as long as you maintain an active Subscription or otherwise use the Services.
17.2 Termination by You
You may cancel your Subscription as described in Section 12.
17.3 Termination by Publicified
Publicified may suspend or terminate your Account, Subscription, or access to Services, with or without prior notice where permitted by law, if:
You breach these Terms.
You fail to pay amounts when due.
You use the Services for unlawful or prohibited purposes.
You provide fraudulent or misleading information.
You violate applicable laws or third-party platform policies.
We are required to do so by law or by a third-party provider.
Your conduct creates legal, regulatory, security, or reputational risk for Publicified.
17.4 Effect of Termination
Upon termination:
Your right to access and use subscription-based Services ends.
Your right to use a website licensed under Section 13.3 ends.
Publicified may discontinue website hosting, automations, lead notifications, review request systems, and other subscription-dependent Services.
Publicified is not obligated to transfer website source code, themes, templates, proprietary components, or underlying systems.
You remain responsible for any outstanding balances and applicable fees.
Publicified may retain Client Content for a reasonable period to comply with legal obligations, resolve disputes, or complete necessary administrative processes. Where applicable, you should request and obtain any data you need before termination.
Any provisions that by their nature should survive termination will remain in effect, including intellectual property, payment obligations, indemnification, disclaimers, limitation of liability, dispute resolution, and governing law.
18. SMS Communications
18.1 Messages from Publicified
If you provide your phone number and consent to receive text messages from Publicified, you may receive messages relating to:
Appointment confirmations and reminders.
Project updates and onboarding.
Account and billing notifications.
Customer support.
Responses to inquiries you send us.
Promotional communications, if you separately consent where required.
Message frequency varies. Message and data rates may apply.
18.2 Consent and Opt-Out
Consent to receive promotional text messages is not a condition of purchasing Services.
You may opt out of SMS communications by replying STOP to a message. For assistance, reply HELP or contact Publicified using the contact information below.
18.3 Message Delivery
Publicified does not guarantee that SMS messages will be delivered without delays, interruptions, or failures.
Delivery may be affected by mobile carriers, network availability, device compatibility, third-party messaging providers, and other circumstances outside our reasonable control.
18.4 Compliance
All messaging services must be used in compliance with applicable telecommunications, privacy, consumer protection, and commercial communication laws.
19. Disclaimers and No Guaranteed Results
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
PUBLICIFIED DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Publicified does not guarantee that the Services will be uninterrupted, error-free, secure, or available at all times.
No Search Ranking Guarantee. Publicified does not guarantee any specific Google ranking, Google Business Profile placement, search visibility, website traffic, or placement in AI-generated search results or recommendations.
No Lead or Revenue Guarantee. Publicified does not guarantee any specific number of calls, leads, appointments, customers, sales, revenue, or business growth.
No Review Guarantee. Publicified does not guarantee that customers will respond to review requests, submit reviews, or provide positive ratings.
Third-Party Platform Decisions. Publicified cannot guarantee that Google or another third-party platform will approve, maintain, display, or reinstate your business information, website, or account.
Search engines, AI platforms, and third-party providers may change their algorithms, policies, requirements, and services at any time.
Your business results depend on many factors outside Publicified's control, including competition, pricing, customer experience, reputation, service quality, market conditions, and your responsiveness to prospective customers.
20. Indemnification
You agree to defend, indemnify, and hold harmless Publicified and its owners, officers, employees, contractors, and agents from and against third-party claims, damages, liabilities, losses, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
Your use of the Services.
Your Client Content.
Your business activities, products, or services.
Your communications with customers or prospects.
Your failure to obtain required consent or authorization.
Your processing or collection of personal information.
Your violation of these Terms or applicable laws.
Your violation of another person's rights.
Your misuse of Google Business Profile or other third-party platforms.
Publicified will provide reasonable notice of any claim for which indemnification is requested. You may not settle a claim in a manner that imposes liability or obligations on Publicified without Publicified's prior written consent.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
NO INDIRECT DAMAGES. PUBLICIFIED WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST CUSTOMERS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CAP ON DIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUBLICIFIED'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO PUBLICIFIED FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
BASIS OF THE BARGAIN. THESE LIMITATIONS APPLY REGARDLESS OF THE BASIS OF THE CLAIM, INCLUDING CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, AND FORM AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND PUBLICIFIED.
Some jurisdictions do not allow certain exclusions or limitations of liability. In those jurisdictions, the above limitations apply only to the maximum extent permitted by law.
22. Disputes
If a dispute arises between you and Publicified, both parties agree to make a reasonable effort to resolve the matter informally. If the dispute cannot be resolved, either party may pursue available legal remedies.
23. Governing Law
These Terms are governed by the laws of the State of California. Any legal proceedings relating to these Terms shall be brought in the appropriate courts located in Orange County, California.
24. Force Majeure
Neither party will be liable for any failure or delay in performance caused by events beyond its reasonable control, including natural disasters, acts of God, war, terrorism, pandemics, government actions, internet or telecommunications failures, third-party platform outages, hosting provider failures, labor disputes, or other events outside the affected party's reasonable control.
25. Assignment
You may not assign or transfer these Terms or your rights or obligations under them without Publicified's prior written consent.
Publicified may assign these Terms in connection with a merger, acquisition, restructuring, financing, or sale of all or substantially all of its business or assets, where permitted by law.
26. Notices and Contact
Publicified may provide notices to you through the email address associated with your Account, through the Platform, or by other reasonable means.
You may provide notices to Publicified using the contact information below.
27. Changes to These Terms
Publicified may update or modify these Terms from time to time.
If we make material changes, we will make reasonable efforts to notify you by email or by posting an updated version on our website.
The updated Terms will become effective on the date stated in the revised Terms. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms, to the extent permitted by law.
28. Miscellaneous
Entire Agreement. These Terms, together with our Privacy Policy and any applicable proposal, order form, or written service agreement, constitute the entire agreement between you and Publicified regarding the Services and supersede prior agreements on the same subject.
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
Waiver. Failure to enforce any right or provision does not constitute a waiver of that right or provision.
No Third-Party Beneficiaries. These Terms do not create rights for any third party unless expressly stated.
Independent Contractors. You and Publicified are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
Survival. Provisions that by their nature should survive termination will remain in effect, including intellectual property, payment obligations, indemnification, disclaimers, limitation of liability, dispute resolution, and governing law.
Headings. Section headings are provided for convenience and do not affect the interpretation of these Terms.
29. Consent and Agreement
By purchasing Services, accessing the Platform, or accepting these Terms during checkout, you acknowledge that:
You have read and understood these Terms of Service.
You agree to comply with these Terms and our Privacy Policy.
You understand the billing, renewal, cancellation, and refund provisions.
You understand that website access is licensed during an active Subscription and may end when the Subscription terminates.
You understand that Publicified does not guarantee search rankings, AI search placement, leads, reviews, or revenue.
You agree to comply with applicable laws when using messaging, review request, and customer information tools.
30. Contact Information
Publicified
Website: https://www.publicified.com
Email: info@publicified.com
Phone: 909-678-7771
