Terms & Conditions

(Service Level Agreement and Terms of Service)

Last updated: 7/8/26

1. Introduction and Agreement

This Service Level Agreement and Terms of Service (collectively, the “Agreement”) is entered into between Pivo Web LLC, a Utah-based limited liability company with its principal place of business at 8643 South Duck Ridge Way, West Jordan, UT (“Pivo Web,” “we,” “us,” or “our”), and the client identified in the applicable Statement of Work (“SOW”) (“Client,” “you,” or “your”).

By engaging Pivo Web for services, signing an SOW, or using our website or Services, you agree to be bound by this Agreement and our separate Privacy Policy, available at:

If you do not agree to this Agreement, do not use our Services.

1.2 Age Restriction (18+)

Our Services, including any SMS messaging programs, are intended for individuals who are at least eighteen (18) years old. By using our Services, signing an SOW, or opting in to receive SMS or other communications from us, you represent and warrant that:

• You are at least 18 years of age; and
• You have the legal capacity to enter into this Agreement.
• We do not knowingly collect personal information from individuals under the age of 18.

1.3 SMS Program and Messaging Use Cases (Summary)

From time to time, we may offer SMS messaging as part of our Services or communications. Where you provide your mobile number and explicitly opt in to receive SMS messages from Pivo Web, you acknowledge and agree that you may receive text messages that may include, but are not limited to:

• Service-related updates and notifications;
• Project or account notifications and reminders;
• Promotional and marketing messages about Pivo Web services, offers, or events;
• Appointment reminders, confirmations, or follow-ups;
• Support and customer service communications;
• Requests for feedback, surveys, or review invitations.
• The frequency of such messages may vary based on your interactions with us and the specific program you have opted into.
• For full details of our data and SMS practices, please review our Privacy Policy.

2. Services & Scope of Work

2.1 Services Provided

Pivo Web will provide digital marketing services, which may include but are not limited to:

• Search engine optimization (SEO)
• Paid advertising (PPC)
• Social media marketing
• Content marketing
• Website design and development
• Analytics and reporting
• Other related marketing and consulting services
• The specific services, deliverables, timelines, and fees will be set forth in one or more SOWs or project proposals, which are incorporated into and governed by this Agreement.

2.2 Scope of Work

The scope of work for each engagement is strictly limited to what is defined in the applicable SOW. Any services requested that fall outside the SOW will be considered “Additional Services” and may require a new SOW, separate terms and conditions, and additional fees.

3. Service Levels & Performance Metrics

3.1 Performance Metrics

Pivo Web will use commercially reasonable efforts to deliver the Services and achieve goals outlined in the SOW. Success may be measured by Key Performance Indicators (KPIs), which can include:

• Lead generation targets
• Website traffic goals
• Conversion rates
• Search engine ranking improvements
• Social media engagement metrics

3.2 Reporting

Pivo Web will provide you with regular performance reports, as specified in the SOW, to track Services against the agreed-upon KPIs.

3.3 No Guarantees

You acknowledge that due to the dynamic nature of digital marketing, including changes to search engine algorithms, ad platform policies, and market competition, Pivo Web cannot and does not guarantee specific results (including, without limitation, particular keyword rankings, a specific number of leads, sales, or ROI).

4. Roles & Responsibilities

4.1 Pivo Web Responsibilities

Pivo Web will:

• Provide the Services in a professional and timely manner.
• Communicate regularly regarding project status and performance.
• Allocate appropriate personnel and resources to perform the Services.
• Use commercially reasonable efforts to ensure our marketing activities comply with applicable laws and platform policies.
• 4.2 Client Responsibilities

You will:

• Provide all necessary information, content, approvals, and access to accounts (e.g., website, hosting, social media, advertising platforms, CRM) in a timely manner.
• Review, approve, and provide feedback on deliverables, creatives, and strategies within the timeframes specified by Pivo Web.
• Pay all invoices on time in accordance with Section 5.
• Be responsible for the accuracy, completeness, and legality of all content, data, and materials you provide to Pivo Web, including any customer data imported into systems we manage.

5. Financial Terms

5.1 Fees & Payment

You agree to pay Pivo Web the fees specified in the applicable SOW. Unless otherwise stated in the SOW, invoices are due and payable within fifteen (15) days of the invoice date and prior to the commencement of work.

5.2 Late Payments

Pivo Web reserves the right to suspend or terminate Services if payment is not received when due. Late payments may accrue a late fee of 1.5% per month or the maximum amount permitted by law, whichever is lower.

5.3 Expenses

Any pre-approved, out-of-pocket expenses incurred by Pivo Web on your behalf (e.g., advertising spend, third-party software subscriptions, stock photography, production costs) will be invoiced as described in the SOW. You are responsible for all such approved expenses.

6. Intellectual Property & Confidentiality

6.1 Client Intellectual Property

You retain ownership of all intellectual property, including trademarks, copyrights, and other proprietary materials you provide to Pivo Web. You grant Pivo Web a limited, non-exclusive, worldwide, royalty-free license to use such materials solely for the purpose of providing the Services.

6.2 Pivo Web Intellectual Property

Unless otherwise agreed in writing, Pivo Web retains ownership of:

Our methodologies, processes, software, tools, templates, scripts, and know-how; and

Any generic or reusable components created during the performance of the Services that are not specific to your brand.

Upon payment in full of all fees due under the applicable SOW, you are granted a perpetual, non-exclusive, worldwide license to use the final deliverables (e.g., completed designs, copy, campaigns) for your internal business purposes.

6.3 Confidentiality

Each party agrees to keep all confidential information received from the other party strictly confidential and to use it only for purposes of performing or receiving the Services. “Confidential Information” includes but is not limited to business plans, financial information, marketing strategies, proprietary data, customer lists, and non-public technical information.

This obligation survives termination of this Agreement, except for information that:

Becomes publicly available through no fault of the receiving party;

Is rightfully received from a third party without a duty of confidentiality; or

Is independently developed without reference to or use of the other party’s Confidential Information.

7. Termination

7.1 Term

This Agreement commences on the Effective Date and continues for the term specified in the SOW. Unless otherwise stated, SOWs for ongoing services renew on a month-to-month basis unless either party provides thirty (30) days’ written notice prior to the end of the then-current term.

To cancel, please email: billing@pivoweb.com

7.2 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice.

7.3 Post-Termination

You may cancel this Agreement at any time, subject to any minimum term or contract commitments defined in the SOW.

For month-to-month subscriptions, cancellation becomes effective at the end of the then-current billing cycle.

For fixed-term agreements (e.g., 6‑month contracts), if you cancel early, you will owe the difference between the standard month-to-month rate and the discounted contract rate for all completed months. Cancellation will then become effective at the end of the corresponding month-to-month billing cycle.

Upon the effective date of termination:

• You must pay Pivo Web all amounts due for Services rendered and any applicable rate differences for early termination.
• Pivo Web will provide you with all relevant data, access credentials, and deliverables that are fully paid for and in Pivo Web’s possession.

8. Limitation of Liability & Indemnification

8.1 Limitation of Liability

To the maximum extent permitted by law, Pivo Web’s total aggregate liability to you for any and all claims arising out of or related to this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by you to Pivo Web during the three (3) months preceding the event giving rise to the claim.

In no event shall Pivo Web be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, or business interruption, even if advised of the possibility of such damages.

8.2 Indemnification

You agree to indemnify, defend, and hold harmless Pivo Web, its members, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:

• Your use of the Services or deliverables;
• Any content, data, or materials you provide (including alleged infringement, defamation, or violation of applicable law);
• Your misuse of tracking tools, SMS tools, or advertising platforms managed under your accounts;
• Your failure to obtain necessary consents or permissions from your own customers or users.

9. General Provisions

9.1 Independent Contractor

Pivo Web is an independent contractor and is not your employee, agent, joint venturer, or partner. Nothing in this Agreement creates an employment relationship or a partnership.

9.2 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, war, terrorism, natural disasters, epidemics, strikes, lockouts, internet or communications failures, or regulations imposed by governmental authorities.

9.3 Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.

9.4 Dispute Resolution

The parties will first attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through informal discussions. If the dispute cannot be resolved informally, the parties agree to submit the dispute to mediation or arbitration before pursuing litigation, unless otherwise required by law.

9.5 Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

9.6 Amendments

We may update or modify this Agreement from time to time. We will indicate the date of the latest revision at the top of this document. Your continued use of our Services after any such changes constitutes your acceptance of the revised Agreement.

9.7 Entire Agreement

This Agreement, together with all SOWs and any additional policies expressly referenced (including our separate Privacy Policy), constitutes the entire agreement between you and Pivo Web and supersedes all prior or contemporaneous agreements, understandings, or representations, whether written or oral.

10. SMS Program Terms (Key Disclosures)

This Section 10 is intended to satisfy common carrier and SMS-compliance requirements. More detailed information about our SMS and data practices is also included in our Privacy Policy.

10.1 Description of SMS Program and Use Cases

If you provide your mobile number to Pivo Web and explicitly opt in to receive text messages from us, you agree that we may send you SMS messages, which may include:

• Service-related and account-related notifications;
• Project updates, reminders, and scheduling messages;
• Promotional and marketing communications about Pivo Web services;
• Support and customer service communications;
• Requests for feedback, surveys, or review invitations.
• Message frequency may vary depending on your interaction with us and the program(s) you opt in to.

10.2 Instructions to Opt-Out (“Text STOP”)

You can opt out of receiving SMS messages from Pivo Web at any time by:

Texting “STOP” in reply to any message you receive from us. After you text “STOP,” we may send a single confirmation message, after which you will no longer receive SMS messages from that specific program.

You may also contact us at support@pivoweb.com to request that we remove your number from SMS communications.

If you participate in multiple SMS programs with us, you may need to opt out of each program separately.

10.3 Message and Data Rates

Message and data rates may apply. You are responsible for any charges imposed by your mobile carrier related to SMS messages, including but not limited to:

• Per-message fees for sending and receiving texts;
• Data usage charges;
• Any applicable international messaging charges.
• Please check with your wireless carrier for details about your text and data plan.
• 10.4 Carrier Liability Disclaimer

Mobile carriers (including but not limited to AT&T, Verizon, T-Mobile, and others) are not liable for delayed or undelivered messages. Delivery and timing of messages may be affected by your network provider, device settings, and other factors outside of Pivo Web’s control.