Terms Of Service

Welcome to BigFork SEO. These Terms of Service explain the rules, responsibilities, and limitations that apply when you use our website, marketing services, software systems, CRM tools, automation features, consulting services, content, or related digital marketing solutions.

By using our website, purchasing our services, accessing our systems, creating an account, or engaging BigFork Media Marketing Inc. for services, you agree to these Terms of Service. If you do not agree with these terms, please do not use our website, platform, or services.

These Terms are important. Please read them carefully. You may also wish to review them with an attorney.

1. Who We Are

BigFork Media Marketing Inc., doing business through BigFork SEO, BigFork CRM, and related service brands, provides digital marketing, local SEO, review management, CRM setup, automation, email and SMS marketing support, website services, AI-assisted business tools, restaurant marketing systems, medical and dental marketing support, and related business growth services.

Our services may include strategy, implementation, software configuration, content creation, automation setup, consulting, marketing systems, and access to third-party tools or platforms.

2. Eligibility

You must be at least 18 years old to use our website, platform, or services.

If you are using our services on behalf of a company, restaurant, medical practice, dental practice, agency, or other business entity, you represent that you have the authority to accept these Terms on behalf of that business.

3. Account Ownership and Access

If an account, CRM, dashboard, marketing system, phone number, email domain, automation tool, or other platform access is created for your business, the account owner is the person or business entity that authorized the service.

You are responsible for keeping your login credentials confidential. You agree not to share your login credentials with unauthorized users. If you believe your account has been accessed without permission, you must notify us promptly at info@bigforkmediamarketing.com.

We are not responsible for losses, interruptions, errors, data issues, or unauthorized activity caused by your failure to protect account access.

4. Services Provided

BigFork SEO may provide services including, but not limited to:

• Local SEO strategy and implementation
• Google Business Profile optimization
• Website design, landing pages, and funnels
• CRM setup and workflow automation
• Review generation and reputation management systems
• Email marketing and SMS marketing support
• AI-assisted tools, chat systems, or automation features
• Social media content support
• Restaurant, medical, dental, and local business marketing
• Consulting, reporting, audits, and strategy sessions
• Lead capture, nurture campaigns, and customer retention systems

The exact scope of services will be described in your proposal, invoice, service agreement, statement of work, or written communication with BigFork SEO. For purposes of these Terms, a 'written agreement' means any signed proposal, signed service agreement, countersigned statement of work, or other document executed by both parties. Emails, chat messages, or verbal representations do not constitute a written agreement unless expressly incorporated by reference into a signed document.

5. No Guaranteed Results

We work to improve visibility, engagement, reviews, leads, customer retention, and marketing performance. However, marketing results depend on many factors outside our control, including your market, competition, customer behavior, budget, offer, responsiveness, sales process, business reputation, operational quality, and third-party platform changes.

We do not guarantee specific rankings, revenue, lead volume, review volume, customer counts, sales results, or business outcomes unless expressly stated in a signed written agreement.

6. Third-Party Platforms and Tools

Our services may rely on third-party platforms, software, websites, CRMs, communication systems, hosting providers, phone carriers, email platforms, payment processors, social media platforms, Google products, AI tools, analytics systems, review platforms, or other technology providers.

We do not own or control these third-party platforms. Their features, pricing, rules, access, availability, approval processes, algorithms, and policies may change at any time.

BigFork SEO is not responsible for outages, delays, errors, rejected approvals, suspended accounts, platform changes, deliverability issues, data loss, algorithm updates, or service interruptions caused by third-party providers.

7. Client Responsibilities

You agree to provide accurate, complete, and timely information needed for us to perform services. This may include business details, menus, pricing, offers, service descriptions, photos, brand assets, login access, customer lists, approvals, compliance information, and other materials.

You are responsible for reviewing and approving content, campaigns, automations, messages, offers, pricing, claims, and published materials for accuracy before they go live.

You are responsible for ensuring that your business practices, communications, offers, advertising, claims, privacy practices, and customer interactions comply with applicable laws and industry rules.

8. Communications Compliance

BigFork SEO may assist with email, SMS, voicemail, AI chat, review requests, customer follow-up, CRM workflows, or other communication-related tools.

However, you are responsible for ensuring that all communications sent by or on behalf of your business comply with applicable laws, including but not limited to:

• Telephone Consumer Protection Act
• CAN-SPAM Act
• State privacy and marketing laws
• Text message consent rules
• Email unsubscribe requirements
• Do-not-call rules
• Industry-specific advertising rules
• Privacy and data protection obligations

BigFork SEO does not originate, approve, or guarantee the legality of your communications. You are responsible for obtaining proper consent from your customers, leads, patients, guests, subscribers, or contacts before sending messages.

You are also responsible for honoring opt-outs, unsubscribe requests, privacy requests, and communication preferences.

9. State-Specific Compliance, Including California and Texas
Because BigFork SEO may serve clients in multiple states, you are responsible for complying with all federal, state, and local laws that apply to your business, your customers, and your marketing activities.

This includes, but is not limited to, applicable laws in California and Texas when your business operates in, markets to, collects data from, or communicates with residents of those states.

For California, this may include privacy, marketing, recording consent, consumer protection, and business communication laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

For Texas, this may include the Texas Data Privacy and Security Act, Texas telemarketing and text message marketing rules, Texas consumer protection laws, Texas privacy requirements, and any applicable Texas sales tax or data processing rules.

If your business sends marketing emails, text messages, review requests, appointment reminders, promotional offers, AI chat follow-ups, lead nurture messages, or customer reactivation campaigns to Texas residents, you are responsible for ensuring that you have proper consent, required disclosures, opt-out processes, and any required registrations, approvals, or exemptions.

BigFork SEO does not provide legal, tax, or regulatory advice. You are responsible for consulting with qualified legal, tax, or compliance professionals to determine which laws apply to your business and how to comply with them.

10. SMS, Email, Phone Numbers, and Deliverability

If your services include phone numbers, SMS messaging, email sending, A2P registration, domain setup, call tracking, or related tools, these may be subject to third-party approvals, carrier rules, spam filters, sending limits, compliance requirements, and additional fees.

Phone numbers, sending domains, email addresses, or related communication assets may be released, reassigned, suspended, unavailable, or lost if your account is paused, canceled, unpaid, non-compliant, or deleted.

BigFork SEO is not responsible for loss of access to third-party communication assets due to platform rules, nonpayment, compliance issues, or third-party provider decisions.

11. Fees, Billing, and Payment

You agree to pay all fees described in your invoice, proposal, checkout page, subscription, written agreement, or service plan.

Fees may include setup fees, monthly subscription fees, consulting fees, software fees, pass-through costs, usage fees, texting fees, email fees, phone fees, AI usage fees, advertising costs, hosting fees, or other approved charges.

Payments are due according to the terms provided at the time of purchase or service agreement. If payment is late, failed, disputed, or not received, we may pause, limit, or terminate services.

You are responsible for keeping payment information current.

12. Refunds and Cancellations

Unless otherwise stated in a written agreement, all fees are nonrefundable. Setup fees, onboarding fees, strategy fees, content fees, implementation fees, software fees, and completed work are not refundable once work has begun.

Notwithstanding the foregoing, nothing in this section is intended to waive any rights you may have under California law, including applicable provisions of the California Business and Professions Code or other consumer protection statutes. You are encouraged to consult with an attorney if you have questions about your rights.

Some services may require minimum commitments. If your service plan includes a minimum term, you remain responsible for payment through the end of that commitment.



Cancellation requests must be submitted in writing to info@bigforkmediamarketing.com with a minimum of 30 days’ advance notice. Services will continue and fees will continue to accrue during the 30-day notice period. Cancellation is not effective until the 30-day notice period has elapsed and BigFork SEO has confirmed receipt of the cancellation request in writing.

13. Taxes

You are responsible for any applicable taxes related to your purchase or use of our services, unless otherwise required by law. If a tax authority determines that taxes, fees, or assessments are owed as a result of your use of our services, you agree to be responsible for those amounts.

14. Client Content and Materials

You retain ownership of content, photos, logos, menus, business information, customer lists, testimonials, reviews, offers, and other materials you provide to BigFork SEO.

By providing materials to us, you grant BigFork SEO permission to use, edit, publish, upload, configure, distribute, or display those materials as needed to perform services for your business.

You represent that you have the rights, licenses, permissions, and authority to provide those materials and allow us to use them.

You agree not to provide content that is unlawful, misleading, defamatory, offensive, infringing, confidential without authorization, or otherwise inappropriate.

15. Intellectual Property — BigFork SEO Content and Deliverables

15a. BigFork SEO Proprietary Materials

All BigFork SEO content, systems, strategies, templates, frameworks, website copy, designs, workflows, automation structures, reports, brand concepts, training materials, sales materials, and proprietary processes remain the intellectual property of BigFork Media Marketing Inc. unless otherwise agreed in writing.

You may not resell, copy, distribute, sublicense, reverse engineer, or repurpose our proprietary systems, templates, processes, or materials outside the scope of your agreement without written permission.

15b. Client-Specific Deliverables

Unless otherwise agreed in a signed written agreement, deliverables created specifically for your business — including websites, ad creative, written copy, custom automations, and branded content — are licensed to you for your business use upon full payment of all fees owed. BigFork SEO retains underlying templates, frameworks, code libraries, and proprietary processes used to produce those deliverables.

If your services are canceled or terminated with outstanding fees, your license to use deliverables created during the period of nonpayment may be suspended until amounts owed are resolved.

15c. Client Data at Offboarding

Upon cancellation or termination of services, you may request an export of your business data — including CRM contacts, lead records, and campaign data — within 30 days of termination. BigFork SEO will use commercially reasonable efforts to provide such an export in a standard format. BigFork SEO reserves the right to retain data as required by law or for legitimate business purposes, subject to applicable privacy obligations. After 60 days following termination, BigFork SEO may delete or archive client data without further obligation.

16. Feedback and Suggestions

If you provide ideas, feedback, recommendations, or suggestions about our services, systems, platform, website, content, or business, you agree that we may use those ideas without compensation or obligation to you.

17. AI-Assisted Tools and Generated Content
BigFork SEO may use or provide access to AI-assisted tools, automation systems, and AI-generated content as part of your services. You acknowledge that:

• AI-generated content, suggestions, and outputs may contain errors, inaccuracies, or omissions and should be reviewed and verified by a qualified human before publication or use.
• BigFork SEO does not warrant the accuracy, completeness, or fitness for purpose of any AI-generated content or outputs.
• You are responsible for reviewing, approving, and taking responsibility for any AI-generated content published or used on your behalf.
• AI tools and platforms are provided by third parties and are subject to change, interruption, or discontinuation at any time.

BigFork SEO is not liable for any loss, harm, or claim arising from reliance on AI-generated content that was not reviewed and approved by you prior to use.

18. Healthcare Clients — HIPAA Notice

BigFork SEO serves clients in the medical and dental industries. If you are a Covered Entity or Business Associate as defined by the Health Insurance Portability and Accountability Act (HIPAA), you are solely responsible for ensuring that your use of our services complies with HIPAA and any applicable state health privacy laws.

BigFork SEO does not represent that it is a HIPAA Business Associate by default. If your services involve the processing, transmission, or storage of Protected Health Information (PHI), you must notify BigFork SEO in writing prior to the commencement of services. A Business Associate Agreement (BAA) may be required before PHI may be processed through our systems.

BigFork SEO will not knowingly accept or process PHI without an executed BAA in place. You agree to indemnify and hold BigFork SEO harmless from any claim, penalty, or liability arising from your failure to provide required notice or to obtain a BAA before sharing PHI.

19. Acceptable Use

You agree not to use our website, services, systems, CRM, automations, or related tools to:

• Violate any law or regulation
• Send spam or unlawful communications
• Mislead, harass, threaten, or deceive others
• Upload malicious code, viruses, or harmful software
• Infringe intellectual property rights
• Misrepresent your identity, business, or authority
• Collect or use data without proper consent
• Send prohibited, abusive, discriminatory, or offensive content
• Interfere with platform security or performance
• Attempt unauthorized access to systems or accounts
• Use our services for unlawful, fraudulent, or harmful purposes

We may suspend or terminate access if we believe your use violates these Terms, applicable law, third-party platform rules, or the rights of others.

20. Privacy

Your use of our website and services may involve personal information, customer data, lead data, email addresses, phone numbers, analytics, and business information. Please review our Privacy Policy at www.bigforkseo.com for more information about how information may be collected, used, stored, and protected.

You are responsible for maintaining your own privacy policy and for informing your customers, guests, patients, leads, or website visitors how their information is collected and used, including any required disclosures under the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Texas Data Privacy and Security Act (TDPSA), or other applicable laws.

21. Website and Platform Changes

We may update, modify, improve, remove, pause, or discontinue parts of our website, services, tools, workflows, systems, or platform features at any time. Some updates may affect previous functionality, layouts, automations, integrations, reporting, or workflows.

We are not liable for changes made by third-party platforms, software providers, social networks, search engines, communication carriers, or other outside technology providers.

22. Service Availability

We work to provide reliable service, but we do not guarantee uninterrupted access to websites, dashboards, automations, reporting, CRM tools, email systems, SMS systems, hosting, integrations, or third-party platforms.

Service may be interrupted due to maintenance, outages, updates, provider issues, security concerns, billing issues, compliance reviews, or circumstances beyond our control.

23. Force Majeure

BigFork SEO shall not be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions, cyberattacks on third-party infrastructure, carrier or platform outages, internet service disruptions, labor disputes, supply chain failures, or regulatory actions that prevent or restrict performance.

In the event of a force majeure, BigFork SEO will use commercially reasonable efforts to notify affected clients and resume services as soon as practicable. Force majeure events do not excuse your obligation to pay fees for services already performed prior to the event.

24. Disclaimers

Our services are provided 'as is' and 'as available' unless otherwise stated in a written agreement. To the fullest extent permitted by law, BigFork SEO disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted service, error-free operation, or specific business results.

We do not guarantee that our services will meet every expectation, produce a specific financial outcome, prevent negative reviews, eliminate competition, guarantee Google rankings, or ensure customer behavior.

25. Limitation of Liability

To the fullest extent permitted by law, BigFork Media Marketing Inc., BigFork SEO, BigFork CRM, and their owners, employees, contractors, partners, affiliates, and service providers will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.

This includes, but is not limited to, lost profits, lost revenue, lost data, lost leads, lost customers, reputational harm, business interruption, platform downtime, advertising performance, third-party account issues, or communication deliverability problems.

Any direct damages that BigFork SEO may owe are limited to the amount you paid to BigFork SEO during the three-month period immediately before the event giving rise to the claim.

26. Indemnification

You agree to defend, indemnify, and hold harmless BigFork Media Marketing Inc., BigFork SEO, BigFork CRM, and their owners, employees, contractors, affiliates, partners, and service providers from any claims, damages, losses, liabilities, costs, or expenses arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of any law or regulation
• Your customer communications
• Your advertising, offers, claims, or promotions
• Your business operations
• Your customer, guest, patient, or lead data
• Your content, materials, or intellectual property
• Your failure to obtain proper consent
• Your misuse of third-party platforms or tools
• Your failure to comply with HIPAA or applicable healthcare privacy laws
• Any use or publication of AI-generated content without adequate human review

This obligation continues after your services end.

27. Disputes and Binding Arbitration

If a dispute arises between you and BigFork SEO, both parties agree to first make a reasonable good-faith effort to resolve the issue informally by contacting info@bigforkmediamarketing.com.

If the dispute is not resolved informally within 30 days of written notice, the dispute shall be resolved by binding arbitration administered by a mutually agreed arbitration service, or if no agreement is reached, by JAMS under its then-current rules. The arbitration shall take place in Los Angeles County, California, or via video conference by mutual agreement. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

CLASS ACTION WAIVER: To the fullest extent permitted by law, you agree that any dispute will be resolved solely on an individual basis and not as a class, collective, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Nothing in this section prevents either party from seeking injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect intellectual property rights or prevent irreparable harm.

You should consult an attorney to understand how this section may affect your rights.

28. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

To the extent any dispute is not subject to arbitration under Section 27, the parties consent to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

Your use of BigFork SEO services may also be subject to the laws of other states where you operate, advertise, collect customer data, send communications, or provide goods and services, including Texas. Nothing in these Terms limits your responsibility to comply with applicable federal, state, and local laws.

29. Termination

We may suspend or terminate your access to services if:

• You fail to pay fees when due
• You violate these Terms
• You misuse our services or systems
• You violate applicable laws or third-party rules
• Your use creates risk for BigFork SEO, our providers, or other clients
• You engage in fraudulent, abusive, harmful, or unlawful conduct

You may cancel services according to your written agreement or the cancellation process described in Section 12.

Termination does not relieve you of payment obligations incurred before termination.

30. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the effective date at the top of this page. Your continued use of our website, platform, systems, or services after changes are posted means you accept the updated Terms.

31. Contact Us

If you have questions about these Terms of Service, to report unauthorized account access, or to submit a cancellation request, please contact:

BigFork Media Marketing Inc.

Website: www.bigforkseo.com

Email: info@bigforkmediamarketing.com

Note: These Terms of Service constitute the general terms governing your use of BigFork SEO's website and services. They do not constitute legal, tax, compliance, or regulatory advice. You are encouraged to consult qualified professionals for guidance specific to your business, industry, and jurisdiction.