Terms & Conditions

1. Introduction

Welcome to Drawing Board Marketing Inc. (“DBM”). These Terms and Conditions (“Terms”) govern your access to and use of our marketing services, including SMS text marketing, email campaigns, call tracking, direct mail, and related strategies (collectively, “Services”). By engaging with DBM, you agree to comply with these Terms. If you have any questions, contact us at info@drawingboardmarketing.com or (619) 633-2232.

2. Description of Services

We offer a comprehensive range of marketing services designed to drive results for your business. These include but are not limited to:

• SMS Marketing: Automated and targeted text campaigns to engage your audience.
• Email Campaigns: Personalized and automated email messaging.
• Call Tracking: Tools to analyze inbound and outbound calls for improved performance.
• Direct Mail: Programmatic and targeted direct mail campaigns.
• Web Visitor Identification: Identifying website visitors to enhance lead generation.
• Data Analytics: Using performance data to optimize marketing strategies.
• Marketing Consulting: Strategic guidance to align marketing efforts with your business goals.

Our Services may involve the use of tracking technologies, analytics, and automated systems to ensure optimal performance and engagement.

3. User Responsibilities

By using our Services, you agree to:

1. Compliance with Laws:

   • Adhere to all applicable laws, including:
     • Telephone Consumer Protection Act (TCPA) for SMS and call marketing.
     • CAN-SPAM Act for email campaigns.
     • California Consumer Privacy Act (CCPA) for direct mail and data handling.
   • Obtain necessary consent from recipients for SMS, email, direct mail, or call tracking activities.
   • Notify call participants of tracking or recording as required by law.

2. Accurate Information:

   • Provide accurate and lawful data, including contact lists for campaigns.
   • Avoid submitting materials that infringe on third-party rights or violate privacy laws.

3. Prohibited Activities:

   • Do not use our Services for unlawful purposes, including spamming, harassment, or fraud.
   • Do not misuse tools or attempt to circumvent tracking systems.

4. Consent and Notifications

You are responsible for ensuring that:

1. Recipients of SMS, email, or direct mail campaigns have provided explicit consent to receive communications.
2. Call tracking, including call recording (where applicable), complies with local, state, or federal laws, including notifying participants if required.
3. Website visitors are informed about tracking technologies and their use in lead generation.

Failure to meet these requirements may result in the suspension or termination of Services.

5. Data Privacy

1. Data Use:

   • Data collected through our Services, including SMS, email, call tracking, and visitor identification, is handled in compliance with our Privacy Policy.

2. Web Visitor Identification:

   • Our tools may collect non-personally identifiable information to identify website visitors and enhance marketing performance. This data is used solely for lead nurturing and campaign optimization.

3. Third-Party Access:

   • Information may be shared with trusted service providers to facilitate campaigns, provided it complies with applicable laws.

6. Use of Communication Channels

Your use of communication methods provided through our Services, such as SMS, email, and direct mail, must comply with these terms:

• SMS Marketing: Messages must include opt-out instructions and only be sent to recipients who have explicitly consented.
• Email Campaigns: All emails must comply with the CAN-SPAM Act, including clear unsubscribe links.
• Direct Mail: All mailed content must be lawful and meet any local, state, or federal regulations.
• Call Tracking: Recorded or tracked calls must adhere to state and federal call recording laws.

7. Limitations of Liability

1. General Disclaimer:
   • DBM is not liable for any penalties, fines, or damages resulting from non-compliance with laws governing SMS, email, call tracking, or direct mail campaigns.
2. Liability Cap:
   • Our total liability is limited to the fees paid for Services in the three (3) months preceding the claim.

8. Indemnification

You agree to indemnify and hold harmless Drawing Board Marketing Inc., its employees, agents, and affiliates from any claims, damages, or liabilities arising from:

• Violations of laws related to SMS, email, call tracking, or direct mail.
• Third-party claims related to your use of our Services.

9. Governing Law

These Terms are governed by the laws of the State of California. Any disputes arising from these Terms or your use of our Services shall be resolved exclusively in the courts located in San Diego County, California.

10. Changes to Terms

We reserve the right to update these Terms at any time. Changes will be effective immediately upon posting to this page. Continued use of our Services constitutes acceptance of the updated Terms.

10. Time Limit for Claims

Any claim, action, or proceeding arising out of or relating to these Terms or the Services must be brought within one (1) year from the date the cause of action arose. Claims not brought within this period are permanently barred.

11. Changes to Terms

We reserve the right to update these Terms at any time. Changes will be effective immediately upon posting to this page. Continued use of our Services constitutes acceptance of the updated Terms.

12. Contact Information

For questions or concerns about these Terms, contact us at:

• Email: info@drawingboardmarketing.com
• Phone: (619) 633-2232
• Address: 2358 University Avenue #2113, San Diego, CA 92104