Terms & Conditions

1. Who We Are And What These Terms Cover

These Terms and Conditions ("Terms") are an agreement between you and Metrum Media and Marketing LLC ("Metrum Media," "we," "us," or "our"), a Florida company based in Fort Myers. They apply to metrummedia.com, the Metrum Command Center platform at app.metrummedia.com, and the marketing, website, and automation services we provide (together, the "Services").

By using our website or Services, signing up for a plan, or accepting a proposal from us, you agree to these Terms. If you are agreeing on behalf of a business, you confirm you have authority to bind that business.

2. Our Services

We offer:

• Metrum Command Center, our business platform, including a CRM and sales pipeline, unified inbox, texting and calling, scheduling, automations, review requests, payments, AI chat and voice agents, reporting, and a mobile app
• Agency services, including website design and development, digital advertising management, SEO, branding and design, automation builds, AI agent setup, hosting, and technical support

Features may change as we improve the Services. The services included in your plan are described on our Pricing page or in your written proposal.

3. Accounts

You are responsible for the information you give us, for keeping your login credentials secure, and for all activity under your account, including activity by team members you add. Tell us right away at info@metrummedia.com if you believe your account has been accessed without permission.

4. Plans, Trial, And Billing

• Plans and prices. Current plans and prices are listed on our Pricing page or in your proposal. Prices are in U.S. dollars and may change with notice before your next billing cycle.
• Free trial. Metrum Command Center starts with a 14-day free trial. Unless you cancel before the trial ends, your paid subscription begins and your payment method is billed.
• Billing. Subscriptions are billed monthly in advance and renew automatically each month until canceled. One-time project fees are billed as set out in your proposal.
• Setup. Setup included in your plan is part of the monthly price. There is no separate setup fee unless we agree to one in writing.
• Usage fees. Texting, calling, and email sending are billed separately based on how much you use. These charges are in addition to your plan price.
• Ad spend. Advertising budgets are paid directly to the ad platforms, such as Google and Meta, and are not included in our fees.
• Late payment. If a payment fails or is overdue, we may pause the Services until your account is current.
• Taxes. Prices do not include applicable taxes, which you are responsible for.

5. Proposals And Custom Work

Custom work, such as websites, advertising campaigns, SEO, and larger automation or AI builds, is described in a written proposal or statement of work that sets out the scope, pricing, timeline, and any minimum commitment. If your proposal conflicts with these Terms, the proposal controls for that project.

Work outside the agreed scope, such as extra revisions, new features, or new pages, may be quoted and billed separately. We will confirm any added cost with you before we start.

6. Your Responsibilities

Good results depend on both of us. You agree to:

• Give us the access, logins, content, and information we need, and respond to requests and approvals in a reasonable time
• Make sure the content, images, offers, and claims you give us are accurate, lawful, and yours to use
• Review work before it goes live. Once you approve something, you are responsible for its content
• Keep your own accounts with third-party platforms, such as ad accounts, domains, and business listings, in good standing

If delays on your side hold up a project, timelines may shift.

7. Cancellation And Refunds

Metrum Command Center and most of our plans are month to month, with no long-term contract. You can cancel at any time by emailing info@metrummedia.com. Cancellation takes effect at the end of your current billing period, and you keep access until then.

Some larger custom campaigns with long-term goals have a minimum commitment. If your proposal includes one, it applies until it ends. Payments already made are non-refundable, including partial months, except where required by law.

We may suspend or end your access if you breach these Terms, fail to pay, or use the Services in a way that creates legal or security risk.

8. Your Data

You own the data you put into Command Center, including your contacts, conversations, and pipeline data ("Your Data"). You give us permission to host, process, and use Your Data only as needed to provide and support the Services. If you cancel, we will export Your Data on request within a reasonable time. After that, we may delete it.

How we handle personal information is described in our Privacy Policy.

9. Acceptable Use And Messaging Compliance

You are responsible for how you use the Services to contact people. You agree to:

• Get and keep proper consent before sending texts, making calls, or sending emails, and honor opt-out requests promptly
• Follow all laws that apply to your communications, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing laws, and carrier rules for business texting, including A2P 10DLC registration
• Not send spam or unlawful, deceptive, harassing, or harmful content
• Not upload content you do not have the right to use
• Not try to break, overload, reverse engineer, or gain unauthorized access to the Services

You are responsible for any fines, claims, or penalties that result from your messages or your use of the Services. Our own text messaging program is covered by our SMS Terms.

10. Third-Party Platforms

The Services connect with and run on third-party platforms, such as Google, Meta, email, calendar, payment, phone, and hosting providers. Your use of those platforms is governed by their own terms. We are not responsible for their outages, policy changes, algorithm updates, ad disapprovals, or account suspensions, though we will help where we can.

11. Intellectual Property

• Your materials. Logos, photos, content, and other materials you give us remain yours. You give us permission to use them to perform the Services.
• Deliverables. Unless your proposal says otherwise, once you have paid in full, you own the final deliverables we create specifically for you, such as your website design and ad creative.
• Our property. Metrum Command Center and our software, templates, tools, processes, and pre-existing materials remain ours. You may use them only while you have an active plan and as these Terms allow. You may not copy, resell, or create derivative works from them without our written permission.
• Portfolio. We may show work we create for you in our portfolio and marketing unless you ask us not to in writing.
• Feedback. If you send us feedback or ideas, we may use them without obligation to you.

12. No Guaranteed Results

Marketing results depend on many things outside our control, including your market, competition, budget, offer, and the platforms themselves. We work hard to grow your business, but we do not guarantee specific results, such as a number of leads, sales, reviews, rankings, or a return on ad spend. Any estimates or past results we share are examples, not promises.

13. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent allowed by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted or error-free.

14. Limitation Of Liability

To the fullest extent allowed by law, Metrum Media will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for any claim related to the Services will not exceed the amount you paid us in the three months before the claim arose.

15. Indemnification

You agree to defend and hold Metrum Media harmless from claims, damages, and costs, including reasonable attorneys' fees, arising from Your Data, the materials and content you provide, your messages and communications, your use of the Services, or your breach of these Terms or the law.

16. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Lee County, Florida, and you consent to their jurisdiction.

17. Changes To These Terms

We may update these Terms from time to time. We will post the updated Terms on this page and change the "Last updated" date. If you keep using the website or Services after changes take effect, you accept the updated Terms.

18. Contact Us

Metrum Media and Marketing LLC
Fort Myers, Florida
Email: info@metrummedia.com
Phone: (239) 490-3494