Terms of Service

Tensor Interactive provides a business operating platform that replaces multiple standalone tools with a single integrated system. Our services include but are not limited to:

• Custom website design and development (Next.js, server-rendered)
• Web hosting, SSL, CDN, and ongoing infrastructure management
• Search engine optimization (SEO) and local search visibility
• AI and LLM discovery optimization (structured data for ChatGPT, Claude, Gemini, Perplexity)
• CRM and lead management
• Unified inbox and communications (email, SMS, phone)
• Workflow automation via n8n
• Payment processing, invoicing, and revenue operations via Stripe
• E-commerce and booking functionality
• Analytics, reporting, and performance dashboards

The specific scope, features, and deliverables included with your subscription depend on your selected plan tier and are detailed in your service agreement or on our pricing page. Features listed on the pricing page at the time of your subscription form part of your service agreement.

Plan Structure

We offer three subscription tiers — Grow, Scale, and Dominate — each available under two billing models:

Billing Terms

• Monthly subscription fees are billed at the beginning of each billing cycle
• Upfront setup fees are due before work begins and are non-refundable once development has started
• All fees are in U.S. dollars (USD)
• Payment is accepted via credit card, ACH bank transfer, or wire transfer through Stripe
• Failed payment attempts will be retried automatically. If payment cannot be collected after three attempts, your service may be suspended
• We reserve the right to engage collections procedures for accounts more than 60 days past due

Price Changes

We may adjust pricing for subscription plans with at least 30 days' written notice. Price changes apply only to the next billing cycle following the notice period. Your current billing cycle is never affected retroactively. If you do not agree to a price change, you may cancel your subscription before the new rate takes effect.

Taxes

Quoted prices do not include applicable sales tax, use tax, VAT, or other government-imposed fees. You are responsible for any taxes associated with your subscription, except for taxes on our net income.

Guarantee Conditions

• "First page" means positions 1–10 in Google's organic search results for the specified keywords, measured from the geographic area defined in your agreement
• The guarantee applies to organic search results only, not paid ads, featured snippets, or Google Maps/Local Pack results (though we optimize for those as well)
• The 120-day clock starts on the date your website goes live on your production domain
• The guarantee requires that the client maintains an active, unmodified subscription throughout the guarantee period
• The guarantee does not apply if the client makes unauthorized changes to the website, SEO configuration, or structured data without our approval
• Highly competitive or nationally targeted keywords may require custom agreement terms
• The fee waiver applies only to monthly subscription fees, not to any one-time setup fees already paid

SEO Scope

SEO services include technical on-page optimization, structured data implementation, Core Web Vitals optimization, sitemap generation, canonical URL management, local grid tracking, and content architecture guidance. We do not guarantee rankings for keywords not specified in your agreement, and rankings may fluctuate due to Google algorithm changes outside our control.

Tensor Interactive may send SMS text messages to phone numbers you provide, subject to your consent and the terms below. Our SMS messaging program is called "Tensor Interactive Notifications."

Consent

By providing your phone number through our website forms and checking the SMS consent checkbox, you expressly consent to receive text messages from Tensor Interactive at the number provided. Consent to receive SMS messages is not a condition of purchasing any goods or services from us. You may opt in through our website contact form, assessment tool, or account settings.

Message & Data Rates

Standard message and data rates from your wireless carrier may apply to SMS messages you send to us and receive from us. Check with your carrier for details about your messaging plan. We are not responsible for any charges incurred from your carrier.

Help

For questions about our SMS program, reply HELP to any message from us, email [email protected], or call (407) 212-8318.

Carrier Information

SMS messages are delivered via Twilio. Supported carriers include but are not limited to AT&T, T-Mobile, Verizon, Sprint, and all major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages. We do not charge for SMS messages, but your standard carrier rates apply.

SMS Data Privacy

We will never sell, rent, or share your phone number or SMS opt-in/opt-out data with third parties for their marketing purposes. Phone numbers are shared only with Twilio for the sole purpose of delivering messages on our behalf. For full details, see our Privacy Policy.

Your Content

You retain all ownership rights to content, images, copy, logos, trademarks, and other materials you provide to us for use in your project. By providing content to us, you grant Tensor Interactive a non-exclusive, royalty-free license to use that content solely for the purpose of delivering your contracted services.

Our Work Product

Upon full payment of all fees, you receive full export rights to the custom code, designs, and deliverables created specifically for your project. This export right excludes:

• Open-source libraries and third-party frameworks (Next.js, React, Tailwind CSS, etc.), which remain subject to their respective licenses
• Our proprietary platform components, internal tools, reusable templates, and shared infrastructure code
• Pre-existing materials and code incorporated into your project that we developed independently
• Our workflow automation templates and integration configurations

Portfolio Rights

We reserve the right to display your completed project in our portfolio, case studies, and marketing materials unless you request otherwise in writing prior to project launch. Portfolio use is limited to screenshots, performance metrics, and general project descriptions — we will not disclose confidential business information.

Data Export

Upon request at any time, including upon termination of service, we will provide a complete export of your data in standard machine-readable formats (CSV, JSON, or SQL dump as appropriate). Data export requests are processed within 14 business days at no additional charge.

No Vendor Lock-In

We do not hold your data hostage. Your website code (excluding proprietary platform components as described in Section 5) and all business data will be made available to you upon termination, subject to payment of any outstanding balances. We will provide reasonable transition assistance for up to 30 days following service termination.

Data Retention After Termination

Following termination of your subscription, we will retain your data for 90 days to allow time for export and migration. After the 90-day retention period, your data will be permanently deleted from our systems, except where longer retention is required by law or for legitimate business purposes (e.g., billing records, tax compliance).

You agree not to use our services to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe on the intellectual property or privacy rights of others
• Distribute malware, viruses, or any harmful code
• Send spam, unsolicited bulk messages, or unauthorized commercial communications
• Host, store, or distribute illegal content including but not limited to child exploitation material, content that incites violence, or materials that violate export control regulations
• Attempt to gain unauthorized access to our systems, other accounts, or third-party services connected through our platform
• Engage in any activity that imposes an unreasonable load on our infrastructure or degrades performance for other clients
• Resell, sublicense, or redistribute our services to third parties without written permission
• Use our platform to operate a business that primarily competes with Tensor Interactive's core service offerings
• Scrape, crawl, or data-mine our website or platform beyond normal usage

We reserve the right to suspend or terminate service immediately and without notice for violations of this Acceptable Use policy. In cases of ambiguity, we will make a reasonable effort to contact you before taking action unless the violation poses an immediate threat to system security or other users.

Uptime Commitment

We target 99.9% uptime for all hosted websites and platform services, measured on a monthly basis. Uptime is calculated as the total minutes in a calendar month minus downtime, divided by total minutes in the month.

Exclusions

The following are not counted as downtime for SLA purposes:

• Scheduled maintenance (communicated at least 48 hours in advance, performed during off-peak hours when possible)
• Outages caused by third-party services outside our control (DNS registrars, CDN providers, payment processors)
• Force majeure events as defined in Section 13
• Downtime caused by client-initiated changes, unauthorized code modifications, or DNS misconfigurations
• DDoS attacks or other malicious external activity, provided we take reasonable mitigation measures

Infrastructure

Your website and platform services run on dedicated infrastructure with the following stack: nginx reverse proxy with SSL via Let's Encrypt, Node.js application server managed by PM2, PostgreSQL database with daily automated backups, and Cloudflare CDN for global edge caching and DDoS mitigation.

Support Response Times

As a client, you agree to:

• Provide accurate, complete, and timely information, content, and feedback as needed for your project
• Ensure you have the legal right to use all content, images, trademarks, and materials you provide to us
• Review and approve deliverables and milestones within 7 business days unless otherwise agreed
• Maintain the security of your account credentials and promptly notify us if you suspect unauthorized access
• Pay all invoices in accordance with the billing terms outlined in Section 2
• Not make unauthorized modifications to your production website, server configuration, or database without our knowledge
• Comply with all applicable laws and regulations in your use of the platform, including CAN-SPAM, TCPA, and any industry-specific regulations applicable to your business
• Ensure that any SMS or email marketing conducted through our platform complies with applicable opt-in and consent requirements

Delays caused by late content delivery, slow feedback, or unresponsive communication may impact project timelines and are not attributable to Tensor Interactive.

To the maximum extent permitted by applicable law:

• Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• We do not warrant that our services will be uninterrupted, error-free, or completely secure
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption
• Our total aggregate liability for all claims arising out of or related to these Terms or your use of our services shall not exceed the total fees paid by you to Tensor Interactive during the twelve (12) months immediately preceding the event giving rise to the claim
• We are not responsible for the acts or omissions of third-party service providers, including but not limited to Stripe, SendGrid, Twilio, Cloudflare, Google, and hosting infrastructure providers
• We do not guarantee specific business outcomes, revenue increases, or lead generation volumes. SEO results, while subject to the guarantee in Section 3, are influenced by external factors beyond our control including Google algorithm changes, competitor activity, and market conditions

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations may not apply to you in full.

You agree to indemnify, defend, and hold harmless Tensor Interactive, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of our services in violation of these Terms
• Content, materials, or data you provide to us or publish through our platform
• Your violation of any applicable law, regulation, or third-party rights
• Any SMS or email communications sent using our platform that violate the TCPA, CAN-SPAM, or other applicable communications regulations
• Any claim that your content infringes the intellectual property rights of a third party

We will promptly notify you of any such claim and provide reasonable cooperation at your expense. You may not settle any claim that imposes obligations on us without our prior written consent.

By You

• You may cancel your monthly subscription at any time by providing 30 days' written notice via email to [email protected]
• Your service will continue through the end of your current paid billing cycle
• Upfront setup fees are non-refundable once development has commenced
• No refunds are provided for partial months of service

By Us

• We may suspend service immediately for non-payment, breach of these Terms, or violation of the Acceptable Use policy
• For non-payment, we will provide at least 7 days' notice before suspension unless the account is more than 30 days past due
• We may terminate service with 30 days' notice for any reason, in which case we will provide a pro-rata refund for unused service

Effect of Termination

Upon termination, we will:

• Provide a complete data export as described in Section 6 within 14 business days of your request
• Transfer your domain DNS records to a registrar and configuration of your choosing (if we manage your DNS)
• Retain your data for 90 days to facilitate migration, after which it will be permanently deleted
• Remove your website from our hosting infrastructure after the 90-day retention period unless alternative arrangements are made

Sections 5 (Intellectual Property), 6 (Data Ownership), 10 (Limitation of Liability), 11 (Indemnification), and 14 (Dispute Resolution) survive termination of these Terms.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions or orders, internet or telecommunications failures, power outages, third-party service provider outages, and cyberattacks. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact. If a force majeure event continues for more than 60 consecutive days, either party may terminate the affected services without penalty.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

Informal Resolution

Before initiating any formal dispute resolution, both parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for at least 30 days.

Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Orlando, Florida, by a single arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Tensor Interactive.

Small Claims Exception

Either party may bring an individual action in small claims court for disputes within that court's jurisdiction as an alternative to arbitration.

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes:

• We will post the updated Terms on this page with a revised "Effective" date
• For material changes affecting existing subscribers, we will provide at least 30 days' notice via email before the changes take effect
• Your continued use of our services after the effective date constitutes acceptance of the updated Terms
• If you do not agree with the changes, you may cancel your subscription before the changes take effect

We encourage you to review these Terms periodically. The most current version will always be available at tensorinteractive.com/terms.

If you have questions, concerns, or requests regarding these Terms of Service: