Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the website, services, and platform provided by ProminentClicks™, a product of Digitalutions LLC ("Company," "we," "us," or "our"), a North Carolina limited liability company. By accessing or using our website at prominentclicks.com or any related services, you agree to be bound by these Terms. If you do not agree, do not use our services.

You represent and warrant that you are an authorized representative of a business and have the authority to bind that entity to these Terms.

2. Services Overview

ProminentClicks™ provides a performance-based digital marketing service that places businesses within Google and Bing autocomplete suggestions for high-intent search queries. Our services operate on a pay-per-click model — there are no setup fees and no management fees. You pay only for verified clicks delivered to your designated website or landing page.

Click volume is determined collaboratively between you and our team based on a market audit specific to your business, industry, and location. Monthly click targets are funded on an upfront retainer basis, and monthly statements are provided to reflect current usage and retainer balance. Clicks are independently verifiable through your own Google Analytics account and reporting.

3. Market Protection

ProminentClicks™ operates on a structured exclusivity model. When you secure a market, no competitor will be placed alongside you for the same search intent in your area. Our system continuously optimizes which search terms drive traffic to your business, dynamically adjusting to maximize the clicks delivered to you each month.

Market protection is maintained for the duration of your active engagement with ProminentClicks™. Upon cancellation or termination, your market protection is released and may be offered to other businesses.

4. Separate Service Agreement

In addition to these Terms, your engagement with ProminentClicks™ is governed by a separate Service Agreement that outlines specific campaign details, click volume, retainer terms, and other obligations. In the event of a conflict between these Terms and the Service Agreement, the Service Agreement shall control.

5. Payment Terms

All payments are processed through Stripe. By providing your payment information, you authorize us to charge your designated payment method for retainer amounts and any applicable fees as outlined in your Service Agreement. You are responsible for maintaining accurate and current billing information.

Retainer funds are applied toward verified click delivery. Monthly statements will be provided reflecting click usage, remaining retainer balance, and any adjustments. If we under-deliver against your monthly click target, you only pay for the actual clicks received. If we over-deliver, the extra clicks are provided at no additional charge.

6. No Refund Policy

All payments made to ProminentClicks™ are non-refundable. Because our services are performance-based and clicks are delivered and verified in real time, refunds are not available under any circumstances. By engaging our services, you acknowledge and agree to this no-refund policy.

7. Cancellation

There are no long-term contracts. You may cancel your engagement at any time by providing 30 days' written notice to [email protected]. The 30-day notice period allows sufficient time to wind down active campaigns and disable the underlying technology. Any remaining retainer balance after final click reconciliation is non-refundable per Section 6.

8. Dashboard and Account Access

Upon onboarding, you may be provided access to a reporting dashboard to monitor campaign performance, click data, and account activity. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

9. Client Responsibilities

You agree to provide accurate and complete information during the application process and throughout the engagement, including but not limited to: business name, contact information, industry, service areas, geographic targets, current marketing spend, and a valid destination URL for click traffic. You are solely responsible for the content, compliance, and functionality of the website or landing page to which traffic is directed.

You acknowledge that campaign performance may vary based on factors including search volume, geographic demand, industry competitiveness, and the quality of your destination page.

10. Intellectual Property

All content, technology, branding, and proprietary methods used by ProminentClicks™ are the exclusive property of Digitalutions LLC. You may not copy, reproduce, modify, distribute, or create derivative works based on any aspect of our platform, technology, or methodology without prior written consent.

11. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the engagement. This includes, but is not limited to, campaign strategies, search term data, click metrics, pricing structures, and any technical processes shared during onboarding or ongoing service delivery.

12. Communications and Marketing

By submitting your information through our website, application, or any related form, you consent to receive communications from ProminentClicks™ and Digitalutions LLC, including but not limited to emails, SMS messages, and phone calls related to your inquiry, application status, campaign updates, and promotional offers. Message and data rates may apply.

You may opt out of marketing emails at any time by clicking the unsubscribe link included in each message. You may opt out of SMS messages by replying STOP to any text message. Opting out of marketing communications does not affect transactional or service-related communications tied to an active engagement.

13. Limitation of Liability

To the maximum extent permitted by law, Digitalutions LLC and its officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of ProminentClicks™ services, including but not limited to loss of revenue, loss of clients, or business interruption, regardless of the theory of liability.

Our total aggregate liability for any claims arising under these Terms shall not exceed the total amount paid by you to ProminentClicks™ in the three (3) months immediately preceding the event giving rise to the claim.

14. Disclaimer of Warranties

ProminentClicks™ services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific results, lead volume, conversions, or return on investment.

15. Indemnification

You agree to indemnify, defend, and hold harmless Digitalutions LLC and its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of our services, your breach of these Terms, or your violation of any applicable law or regulation.

16. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the services provided by ProminentClicks™ shall be resolved through binding arbitration administered in Wake County, North Carolina, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

Both parties agree to waive any right to a jury trial and to participate in class action lawsuits or class-wide arbitration. This arbitration clause shall survive the termination of these Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Wake County, North Carolina.

18. Modifications

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Your continued use of our services after any modification constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

20. Entire Agreement

These Terms, together with the separate Service Agreement and Privacy Policy, constitute the entire agreement between you and Digitalutions LLC with respect to the ProminentClicks™ services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, except as expressly stated herein.

21. Contact

If you have any questions about these Terms, please contact us at [email protected].