Legal
Terms of Service
In plain English. TuBe SEO does the search and AI-visibility work described in your signed Statement of Work, and gives you access to the platform that runs it. We commit to the scope, the method, the cadence and honest reporting. We do not promise a ranking, a traffic number, a citation, a lead count or a revenue figure, because search engines and AI assistants are third-party systems we do not control. You own the deliverables we produce for you once you have paid for them; we keep the platform, software and methods that produced them. Fees and term live in your Statement of Work, standard plan pricing is published on our pricing page while custom engagements are scoped and quoted individually, and engagements renew automatically unless you give thirty days' notice. Disputes go to a thirty-day informal conversation first, then to individual arbitration seated in Wyoming. You can opt out of arbitration within thirty days of signing.
1. The agreement and how you accept it
These Terms of Service (the "Terms") are a binding agreement between SaaSassins Dev LLC, a Wyoming limited liability company doing business as TuBe SEO ("TuBe SEO," "we," "us"), and the business that accepts them (the "Client," "you").
You accept these Terms when, whichever happens first, you sign or electronically accept a Statement of Work or Order Form that references them; you access the TuBe SEO platform; you instruct us to begin work or accept a Deliverable; or you pay an invoice issued under a Statement of Work. The person accepting represents that they are at least 18 and have authority to bind the Client entity. The Platform and Services are sold to businesses for business purposes and are not consumer products.
1.1 What the Agreement is made of, and what wins
The "Agreement" consists of each signed Statement of Work or Order Form ("SOW"), these Terms, and the policies incorporated by reference into them: the Privacy Policy, the AI Disclosure, the acceptable use rules in Section 8, and the Consent to Contact page as it relates to calls and text messages.
Where a signed SOW expressly conflicts with these Terms, the SOW governs for that engagement; these Terms govern everything the SOW does not address. Client purchase orders, vendor portals, and supplier registration forms add no terms and have no effect, even where we complete them to enable payment, unless an officer of SaaSassins Dev LLC signs a document that specifically amends these Terms.
A note on this page. These Terms are the general template SaaSassins Dev LLC publishes for TuBe SEO so that anyone can read our commercial terms before speaking to us. They are not tailored to any one engagement, and a signed Statement of Work or Order Form governs where it conflicts with anything written here. This page is not legal advice, and each party should have its own counsel review the agreement before signing it.
2. Definitions
- Client Data: data we access, receive, or generate about Client's websites, search properties, accounts, campaigns, customers, and end users while performing the Services.
- Client Materials: content, copy, images, logos, marks, data, and other materials Client or anyone acting for Client provides to us or makes available in a connected account.
- Deliverables: the audits, reports, research, analyses, briefs, article drafts, published articles, images, metadata, schema markup, outreach assets, and exports a SOW says we will produce and deliver.
- End Client: a customer of a Reseller for whose benefit Services are performed under a white-label or agency program.
- Platform: the TuBe SEO software-as-a-service application, including its interfaces, job queue, workflows, models, prompt libraries, scoring systems, reports, exports, connectors, and documentation, and every update to them.
- Reseller: a Client a SOW designates as an agency, white-label, or reseller partner under Section 16.
- Services: the managed services, Platform access, professional services, and white-label programs a SOW specifies.
- SOW: a Statement of Work, Order Form, or scope document signed or electronically accepted by both parties that references these Terms.
- Third-Party Platform: any product, network, API, model, or data source we do not own or control that the Services depend on, as described in Section 10.
- User: an individual Client authorizes to access the Platform under Client's account.
"Including" means "including without limitation." Days are calendar days unless the text says business days.
3. The Services
TuBe SEO provides three things, in whatever combination a SOW specifies: managed search and AI-visibility work performed by us, access to the TuBe SEO platform, and white-label programs that let a partner deliver both under its own brand.
3.1 Managed services
Managed services are performed by us on Client's properties and may include keyword and rank intelligence, competitor and gap analysis, AI-visibility measurement across answer engines, long-form content production and branded imagery, on-page triage and recommendations, local and map-pack work including business profile auditing, backlink prospecting and digital PR outreach, technical and indexing audits, and reporting. One-off engagements (a migration, a standalone audit, a strategy sprint) are scoped the same way. The SOW states what is in scope, in what quantities, on what cadence, and to what specification. Anything not stated in a SOW is out of scope.
3.2 Platform access
Where a SOW includes Platform access we grant the license in Section 12.2 for the Term. Client's workspace is a tenancy: its keyword registry, brand voice settings, guardrails, content library, approval queues, and usage records are isolated to that tenancy. Access is limited to the number of Users the SOW allows, Users may not share logins, and Client is responsible for everything done under its account. Where a SOW designates Client as a Reseller, Section 16 applies in addition and controls over anything inconsistent with it.
3.3 Approval gates, platform changes and support
Consequential steps pass through a human approval gate: content is reviewed before publication, outreach is approved before sending, and approving is a separate act from publishing (see Section 7(d)). We develop the Platform continuously and may add, modify, or remove features, but will not materially degrade the core functionality of a module Client is paying for during a paid term without notice by email. Beta, preview, and early-access features are provided as is and are excluded from every warranty in Section 20. Support is by email at info@gotubeseo.com; nothing here creates a service level, uptime, or response-time commitment unless a SOW states one.
4. Orders and statements of work
Work begins under a SOW. Each SOW identifies the scope, the Deliverables and their quantities, the cadence, the properties in scope, the Initial Term, the fees and billing schedule, and the named approvers on both sides. A SOW becomes binding when both parties sign it, when Client electronically accepts it, or when Client instructs us to begin work under it and we do.
Deliverable quantities are per billing period. Unused quantities do not roll forward and are not refundable unless the SOW says so. Adding properties, brands, locations, languages, or End Clients is a scope change, not an inclusion. A change to scope takes effect only in writing: an amended SOW, a signed change order, or an email exchange in which both parties clearly agree to the change and its fee effect. Work outside the SOW that we agree to perform is billed at our then-current rates.
Client may hold more than one SOW. Each is a separate commitment with its own term, fees, and liability cap under Section 21.2.
5. Fees, billing, taxes and late payment
5.1 Published plan pricing and scoped engagements
TuBe SEO publishes standard pricing for its Done-For-You service, its Agency Platform, and its White Label program on its pricing page, and may update that pricing from time to time. Custom engagements, portfolios, and one-off projects are scoped and quoted individually, because the work varies by site size, market competitiveness, number of locations and properties, technical condition, content volume, and cadence. The fees for Client's engagement are the fees stated in Client's SOW, which for a published plan is the plan fee in effect when Client subscribes. A signed SOW governs the specific fees for the engagement, and no figure, range, or estimate given only in conversation or in a proposal is a binding fee until it appears in one.
5.2 Invoicing, taxes and pass-through costs
Recurring fees are billed in advance for each billing period and, where a payment method is on file, charged automatically on the billing date the SOW states. Invoiced amounts are due within fifteen (15) days unless the SOW says otherwise. Amounts are payable in United States dollars and are exclusive of taxes; Client is responsible for sales, use, value-added, and similar taxes, excluding taxes on our net income. Unless the SOW says an amount is included, Client is responsible for third-party costs incurred for its benefit (paid media, placement fees, premium data subscriptions bought in Client's name, stock licensing, hosting, and domains), and we will not incur one above the threshold the SOW states without Client's prior written approval.
5.3 Late payment and disputed invoices
Amounts not paid when due accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate applicable law permits, and Client is responsible for reasonable costs of collection including reasonable attorneys' fees. Non-payment is also a ground for suspension under Section 18 and termination for cause under Section 19.2. If Client believes an invoice is wrong it must notify us in writing within fifteen (15) days of the invoice date identifying the disputed line items and the basis, and must pay all undisputed amounts on time; interest does not accrue on an amount disputed in good faith under this Section, and we will not suspend for it while the parties work it through. Initiating a chargeback instead of following this Section is a material breach.
5.4 Fee changes and refunds
Fees are fixed for the Initial Term. We may change fees for a renewal term on at least thirty (30) days' written notice before the renewal date; if Client does not accept the change it may decline to renew under Section 6.2, and existing fees continue through the end of the then-current term. Except where these Terms expressly provide a refund (Sections 10.5, 19.3, 20.2, and 23), fees are non-refundable once the billing period they relate to has begun. A pause, a delay caused by Client, or a decision not to use a contracted Deliverable does not reduce the fees for that period.
6. Term, renewal and cancellation
6.1 Term
These Terms take effect when Client first accepts them and continue until every SOW has ended and all amounts due are paid. Each SOW states an Initial Term; where it does not, the engagement runs month to month.
6.2 Automatic renewal, and the notice needed to stop it
Unless the SOW says otherwise, at the end of the Initial Term the engagement renews automatically for successive periods equal in length to the Initial Term, at the then-current fees, until a party gives notice of non-renewal. To stop a renewal, either party must give written notice at least thirty (30) days before the end of the then-current term; for month-to-month engagements, thirty (30) days' notice ends the engagement at the end of the following billing period. Not less than fifteen (15) and not more than forty-five (45) days before each renewal date we will email Client's billing contact a reminder stating the renewal date, the renewal term, the amount that will be charged, and how to cancel.
6.3 How to cancel
Client may cancel by emailing info@gotubeseo.com from the address on file, or through the cancellation control in the Platform where one is provided; we will confirm by email. Client is not required to speak with a representative, sit through a retention offer, or give a reason in order to cancel. Cancellation takes effect at the end of the then-current term, fees already due for that term remain payable, and access continues until the term ends. Engagements may be paused only by written agreement stating the length and fee treatment; absent that, a request to pause is treated as a request to cancel.
7. Client responsibilities
The Services depend on Client's cooperation. This work is performed on live properties Client owns, using accounts Client holds, publishing content Client approves. Client will:
(a) Provide access to the site and CMS
Provide and maintain, for the Term, the access we reasonably request: administrator or editor access to the website and its content management system, including WordPress; hosting, DNS or registrar, and any staging environment; and analytics, tag management, and email platforms in scope. Client warrants that it owns or is authorized to control each property in scope and to authorize our work on it.
(b) Handle credentials properly
Supply credentials only through the secure method we designate, issue credentials scoped to our work rather than shared master credentials wherever the platform allows, enable multi-factor authentication where available, and promptly revoke our access when the engagement ends. Client is responsible for its own credentials and its Users' actions and will notify us promptly at info@gotubeseo.com if it suspects a credential has been compromised.
(c) Authorize third-party accounts
Where the Services require us to work inside Client's third-party accounts (Google Search Console, Google Business Profile, analytics, advertising, or email accounts), Client authorizes us to access and operate them as Client's agent, within the scope of the SOW and under Client's own terms with that provider. Client remains the owner of those accounts and their data. If Client revokes, downgrades, or fails to maintain that access during the Term, Section 10.4 applies: the affected work is excused, reporting will be incomplete, and the fees are not reduced.
(d) Approve content on time
Designate at least one authorized approver in the SOW, keep that designation current, and respond to Deliverables submitted for approval within five (5) business days. A Deliverable that Client has not rejected in writing, with specific reasons, within that window is deemed approved for publication or use.
(e) Stand behind the information it provides
Client is solely responsible for the accuracy and completeness of what it supplies or approves (factual assertions, statistics, prices, service areas, hours, product specifications, professional credentials and licensing statements, regulatory and safety claims, testimonials, guarantees, and legal disclaimers), and will verify that content published under its name is accurate and appropriate for its industry and jurisdiction before it goes live. Client warrants that Client Materials do not infringe or misappropriate any third-party right, are not unlawful or defamatory, and were obtained and provided to us lawfully, including where they contain personal information.
(f) Operate a lawful business
Client warrants that its business, products, services, and marketing comply with applicable law and that it holds every license, registration, and professional credential its business requires. We may decline, on notice, to perform Services for a business category, claim, or piece of content that we reasonably believe presents a legal, regulatory, platform-policy, or reputational risk, and that decision is not a breach by us.
(g) Keep backups, and accept the effect of delay
Client will maintain independent backups of its website and database and acknowledges that technical work, plugin and theme changes, redirects, and content publication modify a live website. Delay or deficiency in Client's performance under this Section extends our deadlines day for day, does not reduce the fees, and is not a breach by us. We are not responsible for outcomes attributable to Client's failure to implement recommendations, delayed or withheld approvals, access not granted or revoked, or changes made to a property by Client or anyone else.
8. Acceptable use of the Platform
This Section applies to Client, to every User, and to anyone accessing the Platform through Client's account; Client is responsible for their compliance. None of them may:
- use the Platform on a property Client does not own or is not authorized to act for;
- share, sell, resell, rent, or otherwise make Platform access available outside the tenancy the SOW authorizes, except as Section 16 permits for a Reseller;
- reverse engineer, decompile, or attempt to derive the source code, models, prompts, or scoring rubrics of the Platform, except where applicable law prohibits that restriction;
- copy, scrape, or systematically extract Platform data, outputs, or rubrics to build, train, or evaluate a competing product, model, or service, or for competitive benchmarking published without our written permission;
- circumvent usage limits, rate limits, quotas, job queues, seat limits, security controls, or billing mechanisms;
- probe, scan, or test the vulnerability of the Platform, or attempt to breach its authentication, without our prior written permission;
- upload malware, or use the Platform to distribute anything unlawful, infringing, defamatory, obscene, or deceptive;
- use the Platform to send unsolicited bulk messages, or to message recipients who have not given a consent that applicable telemarketing, anti-spam, or messaging law requires;
- use the Platform or its outputs to deceive a search engine or answer engine in violation of that platform's published guidelines (cloaking, doorway pages, scaled content abuse, undisclosed paid links, link schemes), or to impersonate any person or business, or to create fake reviews, testimonials, or credentials;
- submit to the Platform any government identification number, payment card number, financial account credential, biometric identifier, precise individual geolocation, health record, personal information of a child under 13, or data subject to a sectoral regime we have not agreed in writing to support; or
- remove, obscure, or alter a notice or label we designate as non-removable, including an AI-assistance disclosure that applicable law requires.
We may remove or disable content, revoke a User's access, or suspend under Section 18 if we reasonably believe this Section has been breached. Where the breach is promptly curable and creates no ongoing legal or security exposure, we will give notice and a reasonable chance to cure first.
9. No guarantee of rankings or results
Read this section carefully. It is the most important commercial term on this page. TuBe SEO does not guarantee any ranking, traffic level, AI citation, lead, or revenue outcome. What we commit to is defined scope, defined method, defined cadence, and honest effort and reporting.
9.1 What kind of service this is
Search engine optimization, generative engine optimization, local search work, digital PR, and the related production and advisory work TuBe SEO performs are advisory and production services delivered to a professional standard of care. They are not a promise of any particular outcome. We are engaged to do specified work well, not to procure a result that a third party controls.
9.2 The systems that decide outcomes are not ours
Rankings, impressions, clicks, map-pack placement, and citation in AI answers are decided by third-party systems TuBe SEO does not own, operate, or have visibility into. Client acknowledges that:
- the algorithms are proprietary and undisclosed: search engines and AI assistants do not publish the logic that decides what appears, in what order, or which source is cited, and public guidance from those platforms is guidance, not specification;
- they change without notice: these systems are updated continuously, sometimes announced and often not, and a single update can materially and abruptly change rankings, traffic, and citation in either direction for reasons unrelated to the work performed on a site;
- AI answer surfaces are less stable still: generative answers vary between users, sessions, phrasings, locations, devices, and model versions, so measurement of AI visibility is sampling with a confidence range rather than a fixed position, and a change in a sampled result is not by itself evidence of success or failure;
- competitors act independently: search results are relative, and a competitor investing more, publishing more, or earning better coverage can move Client down without any change to Client's site; and
- many inputs sit outside the engagement: domain history, prior penalties, brand strength, decisions made before we arrived, hosting performance, product and price competitiveness, offline reputation, review volume, budget, seasonality, and market demand all affect outcomes and are not within our control.
9.3 What TuBe SEO does not guarantee
TuBe SEO does not guarantee, warrant, promise, or represent: any specific search ranking, position, or improvement in position, for any keyword, on any engine, at any time; any specific volume, share, or growth rate of impressions, clicks, organic traffic, sessions, or users; any specific appearance in, or share of, the local map pack or any other local surface; any specific inclusion, citation, mention, prominence, or sentiment in AI Overviews, AI assistants, answer engines, or any other generative search surface; any specific volume or rate of leads, calls, form submissions, bookings, conversions, sales, pipeline, revenue, or return on investment; any specific number, quality, authority, or permanence of earned links or media placements, since publication decisions belong to independent editors and site owners; any specific indexation, crawl frequency, rendering behavior, or timeline for any of the above; or that a result achieved will persist, since the systems that produced it keep changing.
9.4 Estimates and examples are illustrative
Any figure, range, projection, forecast, model output, opportunity score, benchmark, or comparable-engagement reference shown in a proposal, in the Platform, in a report, or in our marketing is an illustrative estimate based on third-party data and stated assumptions. It is not a prediction, a target, a commitment, or a guarantee. Results vary by market, competition, domain history, budget, industry, execution, and factors outside any party's control, and nothing of that kind becomes a contractual obligation unless it is written into a SOW as one.
9.5 What TuBe SEO does commit to
We commit to process, not position. We will perform the Deliverables the SOW specifies, in the quantities and to the specifications stated, on the cadence stated; apply commercially reasonable skill and care consistent with generally accepted practice in our industry; work within the published guidelines of the applicable search engines and platforms and not knowingly use techniques those guidelines prohibit; put a human review gate in front of anything consequential, as described in Section 11; report our work and the measured data honestly, including when it is unfavorable, uncertain, or insufficient to support a conclusion; and tell Client when we believe something in scope is no longer worth doing rather than continue billing for motion. Client's remedy for a failure to meet this commitment is in Section 20.2.
9.6 No reliance
Client acknowledges that it has not relied on any statement, promise, or forecast about rankings, traffic, citations, leads, or revenue that is not expressly written into the SOW, and agrees not to represent to any third party (including its own customers, investors, or End Clients) that TuBe SEO has guaranteed any ranking or result.
10. Dependency on third-party platforms
10.1 The Services run on systems we do not control
Delivering the Services requires us to interact with products, networks, and data sources owned by others: Google Search and its answer surfaces, Google Search Console, Google Business Profile, other search engines and directories, AI assistants and answer engines, large language model and image generation providers, WordPress and other content management systems together with their themes and plugins, web hosts and content delivery networks, transactional and marketing email infrastructure and the receiving mail systems that judge it, search and SEO data providers, review and mapping platforms, and payment and messaging infrastructure. Each is a "Third-Party Platform."
10.2 What they may do, and what that means
A Third-Party Platform may at any time, without notice to us or to Client, change or retire its algorithms, ranking systems, answer formats, APIs, rate limits, data schemas, pricing, or availability; change its terms, content policies, or eligibility rules; suspend, restrict, throttle, penalize, deindex, unpublish, or terminate an account, listing, property, or piece of content; or stop operating. TuBe SEO is not responsible or liable for the acts, omissions, outages, errors, data inaccuracies, policy decisions, enforcement actions, price changes, or discontinuation of any Third-Party Platform, or for any effect these have on the Services, on Deliverables, or on Client's rankings, traffic, listings, deliverability, or revenue.
10.3 Third-party data is estimated
Metrics we report are derived in substantial part from Third-Party Platform data. Search volume, difficulty, backlink, rank, local, and answer-engine data is estimated, sampled, modeled, or delayed, and can differ materially between vendors and from Client's own analytics. We report what we receive, we say when a number is a sample or a confidence range rather than a measurement, and we do not warrant the accuracy or completeness of third-party data.
10.4 Client's accounts, and revoking our access
Client is responsible for its own accounts, subscriptions, licenses, and fees with Third-Party Platforms and for complying with their terms; where we access one on Client's behalf we do so as Client's agent under Client's account and terms. If Client revokes, suspends, downgrades, or fails to maintain our access during the Term, then for as long as that continues the affected Deliverables are excused, measurement and reporting that depend on that access will be incomplete or unavailable, our obligations relating to that work are suspended, and the fees are not reduced. If access is not restored within thirty (30) days, either party may terminate the affected SOW line items under Section 10.5.
10.5 When a platform change makes work impossible
If a Third-Party Platform change makes a contracted Deliverable impossible, materially impractical, or non-compliant with that platform's terms, we will notify Client and the parties will agree on a substitute Deliverable of comparable value and effort. If they cannot agree within thirty (30) days, either party may terminate the affected SOW line item on written notice without penalty, and we will refund prepaid fees allocable to it for periods after termination. Third-party names and marks used on this page or in the Platform belong to their owners, and their appearance does not imply endorsement, sponsorship, or certification of TuBe SEO.
11. AI-assisted production and human review
The Platform and the Services use generative artificial intelligence (large language models and image generation) in research, analysis, drafting, image production, classification, and scoring. Our AI Disclosure describes where AI is used, which categories of provider may process data, our position on model training, the limits of AI output, and the controls Client can exercise. The AI Disclosure is incorporated into these Terms by reference, and accepting these Terms includes accepting it.
11.1 AI output is a draft, not a Deliverable
Material produced with AI assistance passes through a substantive human review gate before it is delivered or published. A person at TuBe SEO reviews and, where needed, edits it and takes editorial responsibility for it; where the SOW provides for Client approval, a named approver at Client does the same under Section 7(d). Nothing is published to a Client property by an automated process without a human approval step.
11.2 What AI gets wrong, and who verifies
Generative AI can produce output that is inaccurate, outdated, incomplete, internally inconsistent, biased, or entirely fabricated, including invented facts, statistics, quotations, citations, and regulatory statements, and it can produce output similar to output generated for someone else. Our review gate is designed to catch these problems, but no review process catches everything. Before publishing or relying on a Deliverable, Client must verify every factual assertion, statistic, price, product specification, professional credential, licensing statement, testimonial, and any claim subject to substantiation requirements under the rules of the FTC or of a regulator or professional body governing Client's business. Client is solely responsible for that verification. Deliverables, reports, and Platform outputs are not legal, medical, financial, tax, or other regulated professional advice.
11.3 Client controls
Client may, by written notice or in its SOW, require that specified content types be produced without generative AI (subject to scope and fee adjustment), add an additional named approver before publication, designate categories of content that must never be AI-assisted, or request the current categories of AI providers we use. Requests go to info@gotubeseo.com.
12. Intellectual property and Deliverables
12.1 TuBe SEO keeps the Platform and the methods
TuBe SEO exclusively owns and retains all right, title, and interest in the Platform and everything that makes it work: the software, source code, architecture, job and workflow systems, agents, prompt libraries, scoring rubrics and their weightings, model configurations, templates, checklists, playbooks, methodologies, know-how, documentation, interfaces, and the TuBe SEO name, logo, and other marks, together with every modification and derivative work of them (the "TuBe SEO IP"). Nothing in the Agreement transfers TuBe SEO IP to Client, and all rights not expressly granted are reserved.
12.2 The license Client gets to the Platform
Subject to the Agreement and to payment of the fees, TuBe SEO grants Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Platform during the Term, for the number of Users the SOW allows, for Client's internal business purposes and, where the SOW provides, for the benefit of Client's End Clients under Section 16. The license ends when the Term ends.
12.3 Deliverables become Client's on payment
Upon full payment of all fees due under the applicable SOW, TuBe SEO assigns to Client all right, title, and interest TuBe SEO holds in the Deliverables produced under that SOW, excluding TuBe SEO IP and third-party materials. To the extent TuBe SEO IP or licensed third-party material is embedded in a Deliverable, TuBe SEO grants Client a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid license to use, reproduce, display, modify, publish, and distribute that material as part of that Deliverable, and not standalone. Until payment is received in full, Client has a revocable license to use Deliverables for review only, and publication of an unpaid Deliverable is not authorized. Where a Deliverable incorporates stock imagery, fonts, plugins, or libraries, that material is licensed on its own terms, which we will identify on request.
12.4 AI-assisted Deliverables and the limits of copyright
Client acknowledges that Deliverables may be produced with AI assistance as described in Section 11, and that under current United States law material generated by artificial intelligence without sufficient human authorship is not protected by copyright, and copyright does not arise from prompts alone. Where a work combines human and AI-generated material, only the human contribution, including creative selection, arrangement, editing, and modification, is protectable, and copyrightability is assessed case by case. Accordingly, TuBe SEO assigns whatever rights it holds in a Deliverable but does not represent or warrant that any Deliverable, or any part of it, is protected by copyright, or that Client will be able to enforce copyright in it against a third party; does not warrant that AI-assisted output is unique or that substantially similar output has not been and will not be generated for another party; and leaves Client responsible for any copyright registration it seeks, including any disclosure or disclaimer of AI-generated material the Copyright Office requires, for which we will provide reasonable information about our production process. Our editorial process is designed to create human authorship in the finished Deliverable and we document it, but the legal effect of that process is determined by the Copyright Office and the courts, not by us.
12.5 Feedback and aggregated data
If Client gives us suggestions, feature requests, or bug reports, we may use them freely without restriction, attribution, or compensation. TuBe SEO may also compile de-identified and aggregated technical, search-result, and performance data derived from operating the Platform and delivering the Services, and use it to operate, secure, benchmark, and improve the Platform and to publish industry research, provided the data does not identify Client, Client's End Clients, Client's customers, or Client's properties and cannot reasonably be re-identified. As between the parties TuBe SEO owns that aggregated data, and this right survives termination.
13. Client Materials and the license Client grants us
Client retains all right, title, and interest in Client Materials, Client Data, and its trademarks, trade names, and logos. Nothing in the Agreement transfers them to us.
Client grants TuBe SEO a non-exclusive, worldwide, royalty-free license, during the Term and for the limited post-termination period in Section 19.4, to host, store, use, reproduce, modify, adapt, transmit, and display Client Materials, Client Data, and Client's marks solely to perform the Services, to operate and secure the Platform, and to produce and deliver Deliverables. That license includes transmitting the material to the categories of service provider described in Section 15.3 to the extent necessary for those purposes, and applying Client's marks to Deliverables, reports, dashboards, and outreach assets produced for Client in accordance with any brand guidelines Client supplies. It does not permit us to use Client's marks to promote TuBe SEO publicly, which is governed by Section 17.
Client warrants that it has all rights, consents, and authority necessary to grant this license and that our permitted use will not infringe any third-party right or violate any law, and will indemnify us for breach of that warranty under Section 22.2.
14. Confidentiality
"Confidential Information" means non-public information one party (the "Discloser") discloses to the other (the "Recipient") that is identified as confidential or that a reasonable person would understand to be confidential from its nature and the circumstances. Without needing to be marked, it includes Client's business plans, customer and lead data, pricing, and unpublished content, and TuBe SEO's Platform architecture, prompt libraries, scoring rubrics, methodologies, roadmaps, pricing, and the terms of any SOW. It does not include information that is or becomes public without the Recipient's fault; that the Recipient already had without a duty of confidence; that it receives from a third party free to disclose it; or that it independently develops without reference to the Discloser's information, as its records show.
The Recipient will use Confidential Information only to perform or receive the Services, will protect it with at least the care it uses for its own confidential information and no less than reasonable care, and will disclose it only to employees, contractors, and advisors who need it and are bound by obligations at least as protective as these. The Recipient remains responsible for their compliance. The Recipient may disclose where law or valid legal process requires, provided it gives prompt written notice where legally permitted and discloses only what is required.
These obligations continue for three (3) years after disclosure and, for anything that qualifies as a trade secret, for as long as it remains one under applicable law. On written request after termination the Recipient will return or destroy Confidential Information, except copies in routine backups (which stay subject to this Section until purged) and copies retained to comply with law. Money damages may not be an adequate remedy for breach, and either party may seek injunctive relief under Section 26.5(a) without posting a bond.
15. Data protection and privacy
15.1 The Privacy Policy governs personal information
How TuBe SEO collects, uses, discloses, and retains personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Where the Privacy Policy states a shorter retention period for a category of data than these Terms, the shorter period applies.
15.2 The two roles
TuBe SEO acts as a controller (or "business") for information about visitors to our website, prospects, Client personnel, and billing contacts, and as a processor (or "service provider") for Client Data, which we process only to perform the Services on Client's documented instructions. Client is the controller of Client Data and is responsible for the lawfulness of the instructions it gives us, for its own privacy notices, and for obtaining any consent or giving any notice its own data collection requires.
15.3 Service providers
We use third-party service providers, each engaged under a written contract limiting it to processing on our instructions. We describe them by category because the specific vendors change: large language model and image generation providers; search, SERP, local, backlink, and keyword data providers; cloud hosting, storage, database, and content delivery providers; transactional and marketing email infrastructure; analytics and product telemetry providers; security, logging, and monitoring providers; payment and billing providers; and scheduling, support, and internal collaboration tools. A current list of those handling Client Data is available on request at info@gotubeseo.com.
15.4 What we do not do, and how we secure it
We do not sell Client Data, do not share it for cross-context behavioral advertising, do not use it for our own marketing, and do not use identifiable Client content to train, fine-tune, or improve any general-purpose or third-party AI model; our use of de-identified aggregated data is limited to Section 12.5. We maintain commercially reasonable administrative, technical, and organizational safeguards appropriate to the nature of the data and the size of our operation. No system is perfectly secure, and we do not claim any certification, audit, or accreditation we do not hold. If we become aware of a security incident affecting Client Data we will notify Client without undue delay, share the information we reasonably have about its scope, and cooperate in Client's own notification obligations. Where Client or applicable law requires a written data processing addendum the parties will negotiate and execute one in good faith, and a signed addendum controls over this Section as to the processing of personal data.
15.5 Calls, texts and marketing messages
These Terms do not govern our telephone or text-messaging program. Consent to receive calls and texts from TuBe SEO, message frequency, rates, how to get help, and how to revoke consent are described on our Consent to Contact page. Consent to receive text messages is never a condition of purchasing anything, of using the Services, or of receiving a quote.
16. White-label, agency and reseller terms
This Section applies where a SOW designates Client as a Reseller or enables white-label features, and controls over any inconsistent provision elsewhere in these Terms.
16.1 The Reseller is the client of record
The Reseller contracts with its End Clients in its own name and for its own account. TuBe SEO's only client is the Reseller. TuBe SEO has no contract with, duty to, or liability to any End Client, and no End Client is a third-party beneficiary of the Agreement. The Reseller is an independent contractor, not our agent, and has no authority to bind TuBe SEO or to make any representation, warranty, guarantee, or commitment on our behalf, including any guarantee of rankings, traffic, citations, leads, revenue, or timelines.
16.2 Branding, and not misrepresenting where the platform comes from
During the Term, TuBe SEO grants the Reseller a limited, revocable, non-exclusive, non-transferable right to present the Platform, reports, and Deliverables under the Reseller's brand to the extent the white-label features enable it, and the Reseller grants TuBe SEO a limited license to apply its marks to those materials for that purpose. The Reseller may present the delivery as its own service. The Reseller may not claim to have developed, built, or to own the Platform or its underlying software, models, or methods; claim rights in TuBe SEO IP it does not hold; represent that the Platform has capabilities beyond what our documentation states; make performance or accuracy claims it cannot substantiate; or remove, obscure, or instruct us to remove a notice or label that applicable law requires, including an AI-assistance disclosure.
16.3 The Reseller's own agreements
The Reseller is solely responsible for its End Client agreements, pricing, invoicing and collections, first-line support, and marketing claims. Its End Client agreement must impose terms at least as protective of TuBe SEO as these Terms, including a no-guarantee-of-results provision no less protective than Section 9, a third-party-platform disclaimer no less protective than Section 10, AI-assistance disclosure consistent with our AI Disclosure, and warranty disclaimers and liability limitations that expressly benefit TuBe SEO as a third-party beneficiary.
16.4 No sublicensing outside the agreed tenancy
Platform access is licensed for the tenancy, workspaces, seats, and End Client count the SOW specifies. The Reseller may not sublicense, resell, transfer, or otherwise provide Platform access, credentials, or API access to anyone outside that tenancy, may not create tenancies or workspaces beyond the number the SOW allows, and may not give an End Client direct Platform credentials except through the client-view features the SOW enables. Exceeding the licensed tenancy is a material breach and is billable at our then-current rates for the excess.
16.5 Authorizations, data and payment
The Reseller represents and warrants that it has obtained from each End Client every authorization, access right, and consent necessary for TuBe SEO to perform the Services on that End Client's properties and to process End Client data, and that its own privacy notice accurately discloses its use of service providers. As between the parties, the Reseller is the controller and TuBe SEO the processor of End Client personal data on the terms of Section 15. The Reseller's obligation to pay TuBe SEO is independent of whether it has been paid by its End Clients, and non-payment by an End Client is not a defense to any amount due to us.
16.6 Solicitation, indemnity and publicity
During the Term and for twelve (12) months afterward, TuBe SEO will not knowingly solicit an End Client the Reseller has identified to us in writing for the same services, except through general marketing not targeted at that End Client or where the End Client independently contacts us. The Reseller will defend and indemnify TuBe SEO against claims arising from its marketing or performance claims, its End Client agreements, its pricing representations, its failure to obtain the authorizations in Section 16.5, or its breach of Section 16.2 or 16.4, on the procedure in Section 22.3. We do not identify white-label or Reseller clients publicly and will not name a Reseller or its End Clients in marketing without the Reseller's prior written consent under Section 17.
17. Publicity and use of Client's name
Naming a client is opt-in only. Neither party may use the other's name, logo, marks, screenshots, or a description of the engagement in public marketing without the other's prior written consent. Silence is not consent, and a SOW does not grant consent unless it says so explicitly in a clause Client signs.
Where Client does consent, the consent covers only the specific uses described in it (a named logo on a customer page, a quoted testimonial, an identified case study), and Client may revoke it prospectively on thirty (30) days' written notice to info@gotubeseo.com. On revocation we will remove the material from properties we control within that period; we cannot recall printed material already distributed, third-party caches, or content already published by others. Nothing here prevents either party from identifying the other in confidence to its advisors or insurers or in a due diligence process, or from making a disclosure the law requires. Section 12.5 permits us to publish aggregated, de-identified research that does not identify Client.
18. Suspension of Services
We may suspend Client's access to the Platform, the performance of Services, or both, in whole or in part, if an amount remains unpaid ten (10) days after we give written notice that it is overdue, other than an amount properly disputed under Section 5.3; we reasonably believe Client or a User has breached Section 8; Client's account, credentials, or a connected property has been compromised or the activity presents a security risk to the Platform or to other clients; continuing would in our reasonable judgment expose either party to a legal, regulatory, or platform-policy violation; or a Third-Party Platform, payment provider, or regulator requires it.
We will give notice before suspending where practicable and will limit the suspension to what the circumstances reasonably require. Where the risk is immediate (active compromise, ongoing unlawful use, or a demand from a Third-Party Platform), we may suspend first and notify promptly afterward.
Suspension is not termination. Fees continue to accrue during a suspension caused by Client's non-payment or breach and the Term is not extended. We will restore access and resume work promptly once the cause is cured. A suspension lasting more than thirty (30) days is a ground for termination for cause by us under Section 19.2.
19. Termination, and what happens to data and Deliverables
19.1 For convenience
Either party may end an engagement for convenience by not renewing it under Section 6.2 or on the notice period the SOW states. Unless the SOW provides otherwise, termination for convenience takes effect at the end of the then-current term and fees for that term remain payable.
19.2 For cause
Either party may terminate a SOW or the Agreement immediately on written notice if the other materially breaches and does not cure within thirty (30) days of written notice describing the breach, or within ten (10) days for a failure to pay, or if the other becomes insolvent, makes an assignment for the benefit of creditors, or has a receiver appointed and not discharged within sixty (60) days. We may terminate immediately on notice if Client uses the Services unlawfully, breaches Section 8 in a way that is not curable or is repeated after notice, breaches Section 16.2 or 16.4, or if a Third-Party Platform prohibits us from continuing.
19.3 Fees on termination
On any termination, fees accrued through the effective date plus non-cancellable third-party commitments we made for Client with Client's approval become due. If we terminate for convenience, or Client terminates for our uncured material breach, we will refund prepaid fees allocable to periods after the effective date on a pro-rata basis. If Client terminates for convenience mid-term, or we terminate for cause, prepaid fees for the then-current term are not refundable.
19.4 Export window and deletion timeline
For thirty (30) days after the effective date of termination, Client may request an export of Client Data and of the Deliverables produced for it, and we will provide it in a commonly used machine-readable format, at no charge for a single standard export; extraordinary export or migration work is chargeable at our then-current rates. After that window closes we will delete or de-identify Client Data held in our production systems within thirty (30) days, and copies in routine backups will be purged on our ordinary backup cycle and in any event within ninety (90) days of termination. We may retain aggregated de-identified data under Section 12.5, records required for tax, accounting, audit, and limitations purposes, consent records in accordance with our Privacy Policy, and anything a legal hold or applicable law requires. Client should download what it needs before the window closes, because after deletion we cannot restore it.
19.5 Deliverables, access and transition
Deliverables Client has paid for in full remain Client's under Section 12.3 and survive termination; Deliverables not paid for are not licensed and must not be published or used. Client's Platform license ends on the effective date, so anything that exists only inside the Platform must be exported under Section 19.4. Client will promptly revoke our access to its website, CMS, and connected third-party accounts, and we will delete or disable credentials we hold. Reasonable transition assistance is available on request at our then-current rates, subject to Client being current on all amounts due.
19.6 Survival
Sections 1.1, 2, 5 (as to amounts accrued), 7(e), 9, 10.2, 11.2, 12, 13, 14, 15.4, 16.5, 16.6, 17, 19.3 to 19.6, 20.3, 21, 22, 24, 25, 26, 27, and 29 survive termination or expiration, along with any other provision that by its nature should survive.
20. Warranties and disclaimer
20.1 Mutual
Each party warrants that it is duly organized and validly existing, that it has full authority to enter into the Agreement, and that its performance will comply with applicable law.
20.2 Our service warranty, and the exclusive remedy for breaching it
TuBe SEO warrants that the Services will be performed in a professional and workmanlike manner, by personnel with appropriate skill, consistent with generally accepted practice in our industry. Client's exclusive remedy, and our entire liability, for breach of this warranty is re-performance of the deficient Services or, where re-performance is not commercially reasonable within thirty (30) days of Client's written notice, a refund of the fees paid for the deficient Services. Client must give written notice describing the deficiency within thirty (30) days after the Deliverable was delivered or the Service performed.
20.3 Everything else is disclaimed
EXCEPT AS EXPRESSLY STATED IN SECTION 20.2, THE PLATFORM, THE SERVICES, THE DELIVERABLES, AND ALL DATA AND OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TUBE SEO EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. WITHOUT LIMITING SECTIONS 9, 10, AND 11, TUBE SEO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THIRD-PARTY DATA WILL BE ACCURATE, CURRENT, OR COMPLETE; THAT AI-GENERATED OR AI-ASSISTED OUTPUT WILL BE ACCURATE, CURRENT, COMPLETE, ORIGINAL, NON-INFRINGING, OR SUITABLE FOR PUBLICATION WITHOUT HUMAN REVIEW; OR THAT ANY RANKING, PLACEMENT, CITATION, TRAFFIC LEVEL, LEAD VOLUME, OR BUSINESS RESULT WILL BE ACHIEVED. BETA, PREVIEW, AND EARLY-ACCESS FEATURES ARE EXCLUDED FROM SECTION 20.2 ENTIRELY. Some jurisdictions do not allow the exclusion of certain warranties; there, these exclusions apply to the maximum extent permitted and any implied warranty that cannot be excluded is limited to thirty (30) days from delivery.
21. Limitation of liability
21.1 No indirect or consequential damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OR BUSINESS INTERRUPTION, LOST GOODWILL, LOSS OF RANKINGS, TRAFFIC, PLACEMENT OR CITATION, LOSS OR CORRUPTION OF DATA, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE AGREEMENT, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21.2 The cap
EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO TUBE SEO UNDER THE APPLICABLE SOW IN THE TWELVE (12) MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM. Where more than one claim arises, the cap applies to all of them in aggregate and is not multiplied.
21.3 What the cap does not cover, and why it exists
Sections 21.1 and 21.2 do not limit Client's obligation to pay amounts due; either party's indemnification obligations under Section 22; either party's breach of Section 14; Client's breach of Section 8 or Section 16.4; or a party's gross negligence, willful misconduct, or fraud. The parties agree that these limitations, together with the disclaimers in Section 20 and the no-guarantee provisions in Section 9, are an essential basis of the bargain, reflect a deliberate allocation of risk between commercially sophisticated parties, and are reflected in the fees. Where a jurisdiction does not allow a limitation or exclusion, liability is limited to the maximum extent permitted by applicable law.
22. Indemnification
22.1 By TuBe SEO
TuBe SEO will defend Client against a third-party claim alleging that a Deliverable, as delivered by TuBe SEO and used in accordance with the Agreement, infringes a United States copyright or trademark or misappropriates a trade secret, and will pay damages and costs finally awarded against Client, or agreed in a settlement we approve, for that claim. This does not apply to the extent the claim arises from Client Materials or anything Client supplied, specified, or directed; modifications made by anyone other than us; combination with anything we did not supply where the claim would not have arisen without the combination; use after we notify Client to stop; use outside the scope of the SOW or an applicable third-party license; content Client approved or published under Section 7(d); or the AI-authorship and copyrightability matters in Section 12.4, which are expressly excluded from this indemnity.
If a Deliverable becomes, or we believe may become, the subject of such a claim, we may at our option and expense procure the right for Client to keep using it, replace or modify it so it is non-infringing while remaining substantially equivalent, or accept its return and refund the fees paid for it. This Section states our entire liability and Client's sole remedy for third-party intellectual property claims.
22.2 By Client
Client will defend TuBe SEO and its members, officers, employees, and contractors against any third-party claim arising from Client Materials or Client Data; Client's products, services, pricing, guarantees, and marketing claims; Client's approval or publication of a Deliverable; Client's breach of Section 7, 8, or 13; Client's failure to hold or maintain authorization for our access to a property or account; Client's own calling, texting, or emailing practices, including any failure to obtain a consent or give a notice that privacy or messaging law requires; and, for a Reseller, the matters in Section 16.6. Client will pay damages and costs finally awarded, or agreed in a settlement Client approves.
22.3 Procedure
The indemnified party will give prompt written notice of the claim (delay reduces the obligation only to the extent it prejudices the defense), will give the indemnifying party sole control of the defense and settlement, and will cooperate at the indemnifying party's expense. The indemnifying party may not settle in a way that imposes a non-monetary obligation on, or admits liability by, the indemnified party without its prior written consent, not to be unreasonably withheld. The indemnified party may participate at its own expense with its own counsel.
23. Force majeure
Neither party is liable for a delay or failure to perform (other than an obligation to pay money) caused by circumstances beyond its reasonable control, including acts of God, fire, flood, earthquake, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, embargo, or governmental action; failure or unavailability of utilities, telecommunications, internet backbone, hosting, or cloud infrastructure; cyberattack, denial-of-service attack, or widespread malware event; and the unavailability, suspension, rate-limiting, policy change, enforcement action, or discontinuation of any Third-Party Platform, AI model provider, or data source.
The affected party will notify the other promptly, use commercially reasonable efforts to work around or resume performance, and resume as soon as the cause is removed. If such an event prevents performance of a material part of a SOW for more than sixty (60) consecutive days, either party may terminate the affected SOW on written notice, and we will refund prepaid fees allocable to Services not performed.
24. Assignment, subcontracting and relationship of the parties
Assignment. Neither party may assign or transfer the Agreement, or any right or obligation under it, without the other's prior written consent, not to be unreasonably withheld. Either party may assign it in its entirety, on written notice and without consent, to a successor in a merger, reorganization, or sale of all or substantially all of its assets or equity, provided the successor assumes all obligations. Any attempted assignment in breach of this Section is void, and the Agreement binds and benefits the parties' permitted successors and assigns.
Subcontracting. We may use employees, contractors, and service providers to perform the Services, and we remain responsible for their performance and their compliance with the Agreement, including Sections 14 and 15, as if we had performed the work ourselves.
Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise, fiduciary, or employment relationship, neither party may bind the other, and each is responsible for its own personnel, taxes, and expenses.
No third-party beneficiaries. The Agreement creates no right in any other person, including any End Client, except that persons entitled to be defended under Section 22.2 may enforce that Section, and TuBe SEO may enforce the flow-down protections in Section 16.3 as a third-party beneficiary of a Reseller's End Client agreement.
25. Notices
TuBe SEO does not publish a street address or a telephone number, and does not accept notices at one. All formal notices under the Agreement (non-renewal, cancellation, breach, suspension, termination, indemnification claims, and the informal dispute notice required by Section 26.1) are given by email:
- To TuBe SEO: info@gotubeseo.com, addressed to SaaSassins Dev LLC dba TuBe SEO.
- To Client: the email address Client designates in its SOW as its notice or billing contact, or, if none is designated, the email address on file for Client's account.
A notice is effective on the day it is sent, provided the sender does not receive a bounce or non-delivery message; if the sender does, the notice is not effective and must be re-sent to a current address. Client is responsible for keeping its notice and billing addresses current and for ensuring mail from our domain is not blocked or filtered, and failure to receive a notice for those reasons does not extend any deadline.
Routine operational communications (approval requests, job and report notifications, invoices, scheduling, support) may be sent by email or delivered in the Platform and are not formal notices. Marketing calls and text messages are governed by our Consent to Contact page, not by this Section.
26. Dispute resolution, arbitration and class action waiver
Please read this section. It requires most disputes to be resolved by individual arbitration rather than in court, and it waives the right to a jury trial and to participate in a class action. Client may opt out within thirty (30) days under Section 26.6 without affecting anything else in the Agreement.
26.1 Informal resolution first
Before starting any arbitration or court proceeding, the complaining party will send the other a written notice describing the dispute, the facts behind it, and the relief sought. That notice goes to info@gotubeseo.com if it is to us, or to Client's notice address if it is to Client. The parties will then negotiate in good faith for thirty (30) days, including at least one live conversation between people with authority to settle if either party asks for one. Completing this process is a condition precedent to arbitration or litigation, and any applicable limitations period is tolled while it runs.
26.2 Binding individual arbitration
Except as Section 26.5 provides, any dispute, claim, or controversy arising out of or relating to the Agreement, the Services, the Platform, or the relationship between the parties will be resolved by final and binding arbitration, administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, where the amount in controversy exceeds $250,000, its Comprehensive Rules) in effect when the demand is filed, before one arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The seat of the arbitration is in the State of Wyoming; hearings may be held by videoconference and either party may appear remotely. The arbitrator may award any relief a court could award to that party individually, and judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own attorneys' fees and costs; administrative and arbitrator fees are allocated under the applicable JAMS rules, except that the arbitrator may award fees and costs to the prevailing party where applicable law permits.
26.3 Who decides what
The arbitrator decides all issues in the dispute, except that questions about the formation, existence, scope, and enforceability of this arbitration agreement, and about the enforceability of the waiver in Section 26.4, are decided by a court of competent jurisdiction and not by the arbitrator.
26.4 Class action and jury waiver
THE PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one party's claims and may not preside over any class or representative proceeding. If a court finds this Section 26.4 unenforceable as to a particular claim or request for relief, that claim or request is severed from the arbitration and must be brought in the courts identified in Section 27, and the rest of Section 26 continues to apply to every other claim.
26.5 Exceptions
Either party may (a) seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information, without waiving this Section as to any other claim, and (b) bring an individual claim in a small claims court that has jurisdiction, so long as the claim stays in that court and stays individual.
26.6 How to opt out of arbitration
Client may opt out of Sections 26.2 through 26.4 by emailing info@gotubeseo.com with the subject line "Arbitration Opt-Out", stating Client's legal entity name and the date it first accepted these Terms, within thirty (30) days after first accepting these Terms. A timely opt-out is effective for the whole relationship, is not a breach, has no effect on pricing or on any other provision, and cannot be held against Client.
26.7 Time limit for claims
Any claim arising out of or relating to the Agreement must be brought within one (1) year after it accrues or it is permanently barred, except where applicable law does not permit that period to be shortened, in which case the shortest period the law permits applies.
27. Governing law and venue
The Agreement, and any dispute arising out of or relating to it or to the relationship between the parties, is governed by the laws of the State of Wyoming, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Subject to Section 26, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Wyoming for any proceeding not subject to arbitration, and each waives any objection to that venue based on inconvenient forum. The Services are provided from the United States, and we make no representation that they are appropriate or available for use in any other location.
28. Changes to these Terms
We may update these Terms as the Platform, our Services, and the law change. The current version always carries an Effective date and a Last updated date at the top of this page.
Material changes. For a change that materially and adversely affects Client's rights or obligations, we will give at least thirty (30) days' notice by email to Client's notice or billing contact, update the Last updated date, and where practicable include a plain summary of what changed. A material change takes effect for Client at the start of Client's next renewal term. If Client does not accept it, Client may give notice of non-renewal under Section 6.2, and the previous version continues to govern through the end of the then-current term.
Non-material changes take effect when posted. Those are clarifications, corrections, updated contact details, and anything else that does not materially and adversely affect Client's rights.
No retroactive effect. A change does not apply to a dispute that arose, or to a notice given under Section 26.1, before the change took effect, and a change to Section 26 does not apply to any dispute for which a Section 26.1 notice was sent beforehand. The version in force when a claim accrued governs that claim. Nothing in this Section lets us change the scope, fees, or term stated in a signed SOW; those change only under Section 4 or Section 5.4.
29. General provisions
Entire agreement. The Agreement is the entire agreement between the parties about its subject matter and supersedes all prior and contemporaneous proposals, quotes, decks, discussions, and understandings, oral or written. Neither party has relied on any statement not expressly set out in the Agreement, and Section 9.6 applies specifically to statements about results.
Severability. If a provision is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent or, failing that, severed, and the remaining provisions stay in full force. Section 26.4 has its own severability rule, which controls for that Section.
Waiver. A failure or delay in exercising a right is not a waiver of it. A waiver is effective only in writing from the waiving party, and a waiver on one occasion is not a waiver on any other.
Headings and interpretation. Headings and the table of contents on this page are for convenience only and do not affect interpretation. The Agreement will not be construed against a party because that party drafted it. Amounts are in United States dollars, and English is the governing language.
Electronic signatures. The parties consent to transact electronically. A SOW, change order, notice, or amendment signed or accepted electronically, including by clicking an acceptance control or confirming by email from an authorized address, is valid and enforceable and has the same effect as a handwritten signature.
30. How to contact us
Questions about these Terms, about a Statement of Work, or about anything else in the Agreement go to one address:
- Email: info@gotubeseo.com
- Contracting entity: SaaSassins Dev LLC, a Wyoming limited liability company, doing business as TuBe SEO
- Website: gotubeseo.com
- To talk to a person: send us the details or book an intro call
SaaSassins Dev LLC does not publish a street address or a telephone number. Email is our contact channel for commercial, legal, support, and notice purposes, and every notice under Section 25 is given by email.
Related pages: Privacy Policy · Terms of Use (website) · Consent to Contact (calls and text messages) · AI Disclosure · Accessibility
Questions about these terms?
Send them over before you sign anything. We would rather answer a contract question early than have it surface halfway through an engagement.
Email info@gotubeseo.com. Your own counsel should review any agreement before you sign it.