Terms of service.

These terms govern your use of alexyhmedia.com and any enquiry you send through it. Please read them; by using the Site you are agreeing to them.

1. Definitions

• "Site" means alexyhmedia.com and everything served from it.
• "I", "me", "my" mean Ay Marketer LLC, a Wyoming limited liability company trading as AlexYh Media, run by Alex Yh. "You" means you, and any business you are acting for.
• "Services" means the marketing work described on the Site — websites, landing pages, paid advertising, follow-up systems, CRM and tracking.
• "Engagement Agreement" means the separate written agreement covering any work I actually do for you.
• "Content" means the text, layout, design, photography, code and other material on the Site.
• "Submissions" means anything you send me through the contact form, the booking calendar, or by email.
• "Feedback" means any suggestion, idea or comment you give me about the Site or the Services.

2. Acceptance and eligibility

By using the Site you accept these terms. If you do not accept them, stop using it.

You must be at least 18 and able to enter a binding contract. If you are using the Site for a business, you confirm you are authorised to accept these terms for it, and "you" then means both you and that business.

3. Privacy

How personal data is handled is set out in the privacy policy, which forms part of these terms.

4. What this Site is, and is not

• There are no user accounts. Nothing here asks you to register or set a password.
• No payment is taken on the Site, and nothing is sold through it.
• Booking a call is free and commits neither of us to anything.
• Nothing on the Site is a binding offer. It is an invitation to get in touch.
• Content about marketing is general information, not professional, legal, financial or tax advice for your situation.

5. Engagements are governed by a separate agreement

5.1 Precedence

If we go on to work together, that work runs under an Engagement Agreement covering scope, deliverables, fees, timelines and termination. Where it and these terms conflict, the Engagement Agreement wins for anything to do with the work. These terms continue to govern your use of the Site.

5.2 No engagement is created by contacting me

Sending an enquiry or booking a call does not create a client relationship, reserve capacity, or oblige either of us to proceed. An engagement begins only when an Engagement Agreement is signed.

6. Fees, advertising spend and payment

No fees arise from using the Site. Fees for work are set out in the Engagement Agreement, and invoicing, payment terms and what happens on late payment are dealt with there.

Advertising spend is separate from my fees. It is paid by you directly to the advertising platform on your own account, so you keep control of the budget and can see exactly where it goes. I do not hold, bill for, or mark up your ad spend.

7. Acceptable use

You agree that you will not, under any circumstances:

• Send unsolicited advertising, bulk messages, or spam through the form or the calendar.
• Send abusive, threatening, defamatory, obscene or unlawful content.
• Provide false information, impersonate anyone, or claim authority for a business you do not represent.
• Book calls you do not intend to attend, or book repeatedly to occupy availability.
• Attempt to gain access to any part of the Site that is not public, or to any account, server or system connected to it.
• Probe, scan or test the Site for vulnerabilities, or interfere with its operation or availability.
• Upload or transmit any virus, worm, or other harmful code.
• Scrape, crawl, harvest or systematically extract Content, except for ordinary search engine indexing.
• Use Content to train a machine learning model without my written permission.
• Use the Site or Content to build or market a competing service.
• Remove or obscure any copyright, trade mark or other proprietary notice.

Submissions that appear automated are discarded without being read.

8. Your submissions and feedback

8.1 Ownership

You keep ownership of your Submissions. By sending them you give me permission to read, store and use them to respond to you and to carry out any work that follows.

8.2 Your warranty

You confirm your Submissions are yours to send, are accurate so far as you know, and do not infringe anyone else's rights or breach any obligation of confidence you owe.

8.3 Confidentiality before an engagement

Until an Engagement Agreement is in place, do not send anything you would not want sitting in an ordinary email inbox. I will not deliberately disclose your enquiry, but no confidentiality obligation applies before that point.

8.4 Testimonials

If you give me a testimonial or agree to appear in a case study, you permit me to publish it on the Site and in marketing materials, with your name and business name, until you ask me to stop. Ask, and I will remove it.

8.5 Feedback

Feedback is given voluntarily and I may use it freely, without obligation, payment or attribution. Do not send Feedback you consider confidential or want to be paid for.

9. Results, case studies and testimonials

The case studies and testimonials on the Site describe real work for real clients, published with permission. Figures quoted are that client's actual results in that client's circumstances.

They are not a promise that you will get the same outcome, and they are not typical of anything. Results depend on your market, your offer, your pricing, your budget, your capacity to handle enquiries, and how the work is executed on both sides. I DO NOT GUARANTEE ANY SPECIFIC RESULT, REVENUE FIGURE, LEAD VOLUME, SEARCH RANKING, OR RETURN ON ADVERTISING SPEND. Anyone in this industry who does guarantee those things should be treated with suspicion.

10. Intellectual property

10.1 Ownership

The Content is owned by me or licensed to me and is protected by copyright and other laws. "AlexYh Media" and the AlexYh Media wordmark are my trade marks.

10.2 Licence granted to you

I grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and view the Site for your own information and to evaluate whether to work with me. You may link to the Site and quote a short passage with attribution and a link back. That is the whole of the licence; no other right is granted, by implication or otherwise.

10.3 Restrictions

• You may not republish substantial parts of the Content or present it as your own.
• You may not sell, licence, rent or otherwise commercially exploit any part of it.
• You may not copy the design or code to build a competing or substantially similar site.
• You may not reverse engineer or decompile any part of the Site.

10.4 Trade marks

You may not use my name or marks in any way that suggests endorsement, partnership or affiliation that does not exist, or as part of your own branding, without my written consent.

10.5 Client marks

Client logos, brand names and screenshots shown on the Site belong to those clients and appear with their permission. Nothing here gives you any right to use them.

11. Third-party links and materials

The Site links to client websites, third-party services and other external material. I do not control any of it, do not endorse it by linking to it, and am not responsible for its content, accuracy, availability, or how it handles your data. Following an external link is at your own risk, and that site's own terms apply.

The booking calendar is embedded from a third-party provider and is subject to that provider's terms as well as these.

12. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

I do not warrant that the Site will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that it is free of harmful components. I may change, suspend or withdraw any part of it at any time without notice. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, I AM NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, ARISING FROM OR RELATING TO YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY.

My total aggregate liability arising from your use of the Site is limited to one hundred US dollars (USD 100). Liability arising from actual client work is dealt with in the Engagement Agreement, not here.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

You agree to indemnify and hold me harmless from any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of or relating to: your use of the Site; your Submissions; your breach of these terms; or your violation of any law or of any third party's rights.

I will notify you of any such claim, and you may control the defence provided that you do not settle it in a way that imposes an obligation on me without my written consent.

15. Release

If you have a dispute with a third party arising from the Site — including any linked site, client, or provider — you release me from all claims, demands, damages and liabilities of every kind arising out of or connected with that dispute.

If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

16. Term and termination

These terms apply for as long as you use the Site. I may restrict or block your access at any time, without notice, if you breach them or if I reasonably believe your use is harmful to the Site or to other people.

Sections 8 through 15, 17 through 19, and 22 survive termination, together with any other provision that by its nature should survive.

17. Copyright complaints

If you believe material on the Site infringes your copyright, email alex@alexyhmedia.com with:

• Identification of the copyrighted work you say has been infringed.
• The URL of the material you are complaining about, precise enough for me to locate it.
• Your name, postal address, telephone number and email address.
• A statement that you believe in good faith that the use is not authorised by the rights holder, its agent, or the law.
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorised to act on their behalf.
• Your physical or electronic signature.

I will investigate properly made complaints and remove infringing material where the complaint is justified. Knowingly making a false claim of infringement may expose you to liability.

18. Governing law, venue and time limit

These terms, and any dispute arising out of them or out of your use of the Site, are governed by the laws of the State of Wyoming, United States, without regard to its conflict of law rules, and without application of the United Nations Convention on Contracts for the International Sale of Goods.

Subject to section 19, any dispute falls to the state and federal courts located in Wyoming, and you consent to their personal jurisdiction and venue.

Any claim arising out of your use of the Site must be brought within one (1) year of the event giving rise to it, or it is permanently barred, except where a longer period is required by law.

19. Resolving disputes

If something goes wrong, email me first. Most problems are solved that way, and I would rather fix a complaint than argue about one. Please allow 30 days from your first written notice for me to put it right before taking any formal step.

Nothing in these terms prevents either of us from bringing a claim in a small claims court, or from seeking an injunction or other equitable relief to protect intellectual property or confidential information.

20. Force majeure

I am not liable for any failure or delay caused by something outside my reasonable control, including internet or hosting failure, outage or change at a third-party provider, act of government, civil unrest, natural disaster, epidemic, or war. If such an event continues long enough to make performance pointless, either of us may end an affected Engagement Agreement on written notice, subject to its own terms.

21. Notices

Notices to me should go to alex@alexyhmedia.com and take effect when received. Notices to you may be sent to the email address you provided, and take effect 24 hours after sending unless it bounces. Changes to these terms are notified by posting them here, as set out below.

22. General

22.1 Changes to these terms

I may update these terms. The date at the top changes when I do, and the updated version applies from the moment it is posted. For material changes I will make the change obvious rather than quietly slipping it in, and where practical will give 30 days notice. Continuing to use the Site after a change means you accept it.

22.2 Entire agreement

These terms and the privacy policy are the whole agreement between us regarding the Site, and replace anything said or written beforehand about it. Any Engagement Agreement is additional to them, not replaced by them.

22.3 Severability

If any provision is found unenforceable, it is cut back to the minimum extent necessary, or severed if it cannot be, and the remainder stays in force.

22.4 No waiver

If I do not enforce a provision straight away, that is not a waiver of it, and no single waiver waives anything else.

22.5 Assignment

You may not assign or transfer your rights under these terms. I may assign mine to a successor in connection with a sale or reorganisation of the business.

22.6 No partnership

Nothing here creates a partnership, joint venture, agency, franchise or employment relationship between us.

22.7 No third-party beneficiaries

These terms are between you and me. No one else has any right to enforce them.

22.8 Headings

Headings are for convenience and do not affect interpretation.

23. Contact

Ay Marketer LLC, trading as AlexYh Media
Email: alex@alexyhmedia.com

Questions about these terms are welcome. So are complaints — I would rather hear one directly than read it somewhere else.