Terms of service

TERMS OF SERVICE

Last updated: August 29, 2026

OVERVIEW

Welcome to KizilCo. The terms “KizilCo,” “we,” “us,” and “our” refer to KizilCo.

KizilCo operates this website and online store, including all related information, content, features, tools, professional services, and digital deliverables offered through https://kizilco.com (collectively, the “Services”).

KizilCo provides marketing, consulting, SEO, paid advertising, email marketing, CRM and automation, website and eCommerce services, branding and design, AI integrations, training, digital reports, audits, custom datasets, contact lists, templates, code, configurations, and other professional and digital services.

We do not sell or ship physical merchandise unless expressly stated otherwise for a specific offering.

Our website and online checkout are powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you visit our website, create an account, purchase a Service, access a digital deliverable, or otherwise interact with KizilCo.

By accessing or using the Services, you agree to these Terms of Service and our Privacy Policy, available at:

https://kizilco.com/policies/privacy-policy

If you do not agree to these Terms of Service or our Privacy Policy, you must not access or use the Services.

SECTION 1 — ELIGIBILITY, ACCESS, AND ACCOUNTS

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence and are legally able to enter into a binding agreement.

If you use the Services on behalf of a business, organization, or other legal entity, you represent that you have the authority to accept these Terms on its behalf. In that case, “you” and “your” refer to both you and that entity.

You may be required to provide information such as your name, email address, business information, billing information, payment information, and project details.

You represent that all information you provide is accurate, current, and complete and that you have the authority and legal right to provide it.

You are responsible for maintaining the confidentiality and security of your account credentials and for all activities conducted through your account. You must notify us promptly if you believe your account or credentials have been accessed without authorization.

You may not transfer, sell, assign, or license your account to another person without our prior written permission.

SECTION 2 — SERVICES AND DIGITAL DELIVERABLES

We make reasonable efforts to describe our Services and digital deliverables accurately. However, examples, previews, mockups, portfolio items, case studies, illustrations, and demonstrations are provided for general reference and may not represent the exact final result of a customized project.

Colors, layouts, graphics, and other visual elements may appear differently depending on the device, browser, software, platform, or display settings used.

Descriptions, features, scopes, prices, and availability of Services may be changed or discontinued at any time without prior notice. Changes will not reduce the agreed scope of an order or project that we have already accepted unless you agree to the change.

We reserve the right to limit or refuse a Service based on availability, geographic location, technical feasibility, legal or regulatory concerns, conflicts of interest, platform restrictions, or other reasonable business considerations.

Certain Services may require a separate proposal, Statement of Work, order form, invoice, service agreement, or written project scope. If that document conflicts with these Terms, the separately agreed written document will control for that specific project.

SECTION 3 — ORDERS AND PROJECT ACCEPTANCE

Submitting an order, payment, request, or inquiry is an offer to purchase Services from KizilCo.

We reserve the right to accept, reject, limit, or cancel an order when reasonably necessary. An order is accepted when we confirm acceptance, begin work, deliver the purchased digital product, or otherwise communicate that the order has been approved.

We may require full payment, a deposit, an approved payment method, signed documentation, project information, credentials, or other materials before beginning work.

Please review your order carefully before submitting it. Once work has begun or a digital deliverable has been accessed or delivered, cancellation and refund options may be limited.

Purchases are subject to our Refund and Cancellation Policy, available at:

https://kizilco.com/policies/refund-policy

If we reject or cancel an order before work begins, we will refund any amount paid for the unperformed Service, except for authorized third-party expenses or amounts expressly identified as non-refundable.

SECTION 4 — PRICES, PAYMENTS, AND BILLING

Prices, discounts, packages, and promotions may change without notice. The price charged will be the price shown at checkout, stated on the applicable invoice, or agreed to in a written proposal at the time of purchase.

Unless expressly stated otherwise, prices do not include applicable sales, use, value-added, withholding, or other taxes.

You are responsible for providing current, complete, and accurate billing and payment information and for promptly updating that information when necessary.

You represent that:

  • You are authorized to use the payment method provided;

  • The information you provide is accurate and complete;

  • Charges incurred through your account will be honored by your payment provider; and

  • You will pay all agreed charges, applicable taxes, and authorized third-party expenses.

Third-party costs are not included in KizilCo’s fees unless expressly stated. These may include advertising spend, platform fees, software subscriptions, domains, hosting, licenses, stock assets, applications, purchased data, printing, vendor expenses, and other external costs.

Third-party costs are generally non-refundable once incurred or committed.

For projects billed by milestone, work may be paused until the applicable milestone payment has been received.

For recurring Services, you authorize us to charge the payment method provided at the frequency disclosed during purchase until the Service is canceled.

SECTION 5 — PROJECT START, SCHEDULING, AND DELIVERY

Project timelines and delivery dates are estimates unless KizilCo expressly agrees in writing that a specific deadline is guaranteed.

Work may begin after we receive all required payments, information, content, access credentials, approvals, and other materials reasonably necessary to perform the Service.

Delivery may occur through email, cloud storage, account access, a website, a third-party platform, Shopify, a download link, a client portal, or another electronic method.

A digital deliverable is considered delivered when it is:

  • Sent to the email address provided by the customer;

  • Uploaded to an agreed platform or shared location;

  • Published or installed on the customer’s website or account;

  • Made available for download or access; or

  • Otherwise provided according to the agreed project scope.

KizilCo is not responsible for delays caused by the customer’s failure to provide required materials, access, approvals, feedback, or payment.

If a project is delayed because of the customer, the original schedule may no longer be available, and a new schedule may be assigned based on our current workload.

SECTION 6 — CUSTOMER RESPONSIBILITIES

You agree to provide timely, accurate, and complete information, instructions, content, credentials, approvals, and feedback needed to perform the Services.

You are responsible for:

  • Reviewing project descriptions and requirements before purchase;

  • Providing accurate project specifications;

  • Maintaining lawful access to all accounts and platforms involved;

  • Creating appropriate backups of your websites, accounts, data, and systems;

  • Reviewing deliverables before publishing, distributing, or using them;

  • Obtaining any required legal, regulatory, or internal approvals;

  • Ensuring that your business activities comply with applicable laws;

  • Maintaining the security of your accounts and credentials; and

  • Paying third-party providers directly when required.

You represent that you own or have all necessary rights, permissions, licenses, and authorizations for any content, trademarks, logos, databases, contact information, images, videos, documents, software, or other materials you provide to KizilCo.

You must not provide materials that violate another party’s intellectual property, privacy, publicity, contractual, or other legal rights.

KizilCo may rely on the accuracy and completeness of the information you provide and is not responsible for errors caused by incorrect, outdated, misleading, or incomplete customer information.

SECTION 7 — REVISIONS, APPROVALS, AND SCOPE CHANGES

The number and type of revisions included in a Service will be stated in the product description, proposal, invoice, Statement of Work, or other written agreement.

A revision is a reasonable adjustment to work already completed within the original agreed scope. A request for a new concept, new direction, additional feature, different platform, new deliverable, or substantial change may be treated as additional work.

Requests outside the original scope may require:

  • A revised proposal;

  • Additional fees;

  • A new delivery schedule; or

  • A separate order.

When you approve a design, campaign, configuration, document, strategy, or other project stage, that stage will be considered accepted. Changes requested after approval may require an additional fee.

If you do not provide feedback or approval within a reasonable period, the project may be paused or considered inactive.

SECTION 8 — RECURRING SERVICES

Recurring Services may include monthly management, consulting, marketing management, SEO, advertising management, CRM support, automation maintenance, reporting, monitoring, or other ongoing Services.

Unless a separate agreement states otherwise, recurring Services continue until canceled.

You may cancel a recurring Service by emailing nick@kizilco.com before the next renewal payment is processed.

Cancellation takes effect at the end of the current paid billing period. Payments for a billing period that has already begun are generally non-refundable.

Unused time, services, revisions, meetings, or deliverables from one billing period do not automatically carry over to another billing period unless expressly agreed in writing.

If a separate agreement specifies a minimum commitment, advance notice requirement, or different cancellation process, that agreement will control.

SECTION 9 — INTELLECTUAL PROPERTY

The KizilCo website and its content, including trademarks, logos, service names, text, graphics, images, videos, audio, interfaces, layouts, designs, software, and other materials, are owned by KizilCo or its licensors and are protected by applicable intellectual property laws.

You may use the website only for lawful personal or business purposes related to evaluating or purchasing our Services.

You may not copy, reproduce, modify, distribute, republish, sell, license, scrape, publicly display, create derivative works from, or commercially exploit website content without our prior written permission.

Customer-provided materials remain the property of the customer or their respective owners.

Unless a separate written agreement states otherwise, KizilCo retains ownership of:

  • Pre-existing materials;

  • Templates and frameworks;

  • Reusable code and components;

  • Internal processes and systems;

  • Methods, techniques, and know-how;

  • Research tools;

  • Working files;

  • Drafts and rejected concepts; and

  • General knowledge developed while performing the Services.

After full payment, you receive a worldwide license to use the approved final deliverables for your own lawful business and marketing purposes, subject to any third-party license restrictions.

Ownership of a custom deliverable will transfer only when a proposal, Statement of Work, product description, or other written agreement expressly states that ownership is being transferred.

Digital products, templates, databases, contact lists, reports, and other reusable materials are licensed, not sold, unless expressly stated otherwise. You may not resell, sublicense, publish, share, or redistribute them without written permission.

SECTION 10 — CUSTOMER MATERIALS, CONFIDENTIALITY, AND PORTFOLIO USE

Each party may receive non-public information from the other party while performing a project.

Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the Services.

Confidential information does not include information that:

  • Is publicly available through no violation of these Terms;

  • Was already lawfully known to the receiving party;

  • Is received lawfully from another source without a confidentiality obligation;

  • Is independently developed without using the confidential information; or

  • Must be disclosed by law or valid legal process.

KizilCo may share necessary project information with employees, contractors, vendors, and service providers who need the information to perform the Services and who are subject to appropriate confidentiality obligations.

Unless prohibited by a written confidentiality agreement or requested otherwise in writing before the project begins, KizilCo may display publicly released, non-confidential final work in its portfolio, website, presentations, proposals, social media, and marketing materials.

We will not intentionally disclose private account credentials, customer lists, confidential business information, or unpublished sensitive information for portfolio purposes.

SECTION 11 — THIRD-PARTY PLATFORMS, SOFTWARE, AND TOOLS

The Services may involve or depend on third-party platforms, including Shopify, Google, Meta, LinkedIn, TikTok, Microsoft, OpenAI, Mailchimp, Klaviyo, Brevo, Zoho, HubSpot, website hosting providers, CRM systems, payment processors, advertising platforms, analytics tools, software applications, and other external services.

KizilCo does not own or control these third-party platforms.

Your use of a third-party platform is governed by that provider’s terms, policies, fees, technical requirements, and availability.

We are not responsible for:

  • Third-party outages or service interruptions;

  • Changes to third-party features, prices, policies, or algorithms;

  • Account suspensions, restrictions, or closures imposed by a third party;

  • Rejected advertisements, applications, integrations, or campaigns;

  • Loss of access caused by the customer or a third party;

  • Third-party data loss or security incidents; or

  • A third party’s decision to discontinue or modify its service.

We may recommend third-party tools, but a recommendation does not constitute a guarantee or warranty.

You are responsible for reviewing and accepting the terms and policies of third-party providers before using their services.

SECTION 12 — THIRD-PARTY LINKS

Our website may contain links to third-party websites, resources, applications, or services.

We do not control and are not responsible for the accuracy, availability, security, policies, products, services, or content of third-party websites.

If you choose to access a third-party website or purchase a third-party product or service, you do so at your own risk.

Questions, disputes, claims, or concerns relating to a third-party product or service should be directed to the applicable provider.

SECTION 13 — RELATIONSHIP WITH SHOPIFY

KizilCo’s online store is powered by Shopify, which enables us to provide the website and checkout functionality.

However, purchases made through our store are transactions directly between you and KizilCo.

Shopify is not the seller or provider of KizilCo’s professional services or digital deliverables and is not responsible for the performance, quality, delivery, cancellation, refund, or outcome of a purchase made from KizilCo.

To the fullest extent permitted by law, you release Shopify and its affiliates from claims arising directly from your purchase of Services from KizilCo.

SECTION 14 — PRIVACY

Personal information collected through the Services is handled according to our Privacy Policy:

https://kizilco.com/policies/privacy-policy

Because our online store is hosted by Shopify, Shopify may collect and process information about your access to and use of the website to provide and improve its services.

Certain information may be transmitted to Shopify, payment processors, analytics providers, service providers, and other partners, including providers located outside your country.

Shopify’s Privacy Policy is available at:

https://www.shopify.com/legal/privacy

By using the Services, you acknowledge that you have reviewed the applicable privacy policies.

SECTION 15 — FEEDBACK, REVIEWS, AND SUBMISSIONS

If you voluntarily submit feedback, ideas, suggestions, reviews, testimonials, proposals, or other non-confidential content, you grant KizilCo a worldwide, royalty-free license to use, reproduce, publish, display, distribute, and adapt that content for business and promotional purposes.

You represent that:

  • You own or have permission to submit the content;

  • The content is accurate and not misleading;

  • You have disclosed any compensation or incentive connected with the submission; and

  • The content does not violate another party’s rights or applicable law.

We may monitor, edit, decline, or remove content that we reasonably believe is unlawful, fraudulent, abusive, defamatory, obscene, misleading, infringing, or otherwise inappropriate.

You remain responsible for the content you submit.

SECTION 16 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the website may occasionally contain typographical errors, technical errors, inaccuracies, or omissions relating to service descriptions, pricing, promotions, availability, features, or other information.

We reserve the right to correct errors, update information, and cancel or adjust an order affected by materially inaccurate information.

If we cancel an order because of our error before the Service is performed, we will refund the amount paid for the unperformed portion.

SECTION 17 — PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate any applicable law, regulation, court order, or legal right;

  • Infringe intellectual property, privacy, publicity, or contractual rights;

  • Transmit fraudulent, false, defamatory, abusive, threatening, or misleading content;

  • Harass, discriminate against, intimidate, or harm another person;

  • Distribute malware, viruses, malicious code, or harmful technology;

  • Attempt unauthorized access to an account, network, system, or data;

  • Interfere with the security or operation of the website;

  • Circumvent access controls, usage limits, or technical restrictions;

  • Collect personal information unlawfully;

  • Conduct unlawful spam, phishing, fraud, impersonation, or deceptive marketing;

  • Resell or redistribute licensed digital products or data without permission;

  • Use the Services for unlawful surveillance or discrimination; or

  • Engage in conduct that may expose KizilCo, Shopify, our partners, or other users to legal or security risks.

We may suspend, restrict, or terminate access when we reasonably believe these Terms have been violated.

SECTION 18 — AUTOMATED SYSTEMS AND AGENTS

An “Agent” means software or a service that acts autonomously or semi-autonomously on behalf of a person or organization.

An Agent may not access, scrape, copy, purchase from, or otherwise interact with our website in a way that:

  • Conceals that the interaction is automated;

  • Circumvents CAPTCHAs or access restrictions;

  • Avoids technical controls;

  • Creates excessive requests or disrupts website operations;

  • Extracts protected content or personal information; or

  • Violates these Terms or applicable law.

We may use technical measures to limit or block automated access.

Authorized search engines, accessibility tools, and integrations approved by KizilCo may access the website according to their authorized purpose and applicable technical instructions.

SECTION 19 — EMAIL MARKETING, CONTACT DATA, AND DATABASE USE

Certain KizilCo Services may include email marketing, contact research, custom datasets, business contact information, database organization, segmentation, campaign configuration, or related digital services.

Contact information may change over time. Unless expressly guaranteed in writing, KizilCo does not warrant that every email address, telephone number, job title, company affiliation, or other data point will remain current, complete, accurate, or deliverable after delivery.

You are solely responsible for determining whether and how you may lawfully use contact information and marketing data.

You agree to comply with all laws and rules applicable to your use of the data, including, where applicable:

  • The CAN-SPAM Act;

  • The Telephone Consumer Protection Act;

  • The General Data Protection Regulation;

  • The UK General Data Protection Regulation;

  • The California Consumer Privacy Act and California Privacy Rights Act;

  • Canada’s Anti-Spam Legislation;

  • Applicable state privacy laws;

  • Do-not-call and suppression requirements; and

  • The policies of all email, CRM, advertising, and communication platforms you use.

You are responsible for establishing any required lawful basis or consent, providing required notices, honoring opt-out and deletion requests, maintaining suppression lists, and ensuring that your communications are not deceptive, abusive, discriminatory, or unlawful.

Purchasing data or receiving a contact list from KizilCo does not by itself constitute consent from any individual to receive marketing communications.

You may not resell, publish, sublicense, share, or redistribute a database or contact list unless the applicable product description or written agreement expressly permits it.

KizilCo may refuse or discontinue work that we reasonably believe would violate applicable law, third-party policies, or these Terms.

SECTION 20 — RESULTS AND PERFORMANCE

Marketing, advertising, SEO, email deliverability, lead generation, website traffic, rankings, sales, revenue, audience growth, platform approvals, account status, and other business results depend on numerous factors outside KizilCo’s control.

These factors may include market conditions, competition, customer behavior, budgets, product quality, pricing, platform algorithms, account history, technical limitations, third-party policies, customer participation, and implementation decisions.

Unless KizilCo provides a specific written guarantee, we do not guarantee:

  • A particular number of leads, customers, sales, or conversions;

  • A specific return on investment;

  • Particular search engine rankings;

  • Email inbox placement or deliverability;

  • Approval by an advertising or technology platform;

  • Continuous access to a third-party account;

  • A specific increase in traffic or revenue; or

  • Any particular commercial result.

Estimates, projections, strategies, examples, case studies, and prior results are not guarantees of future performance.

Failure to achieve a particular business result does not qualify for a refund when the agreed Services were performed.

SECTION 21 — TERMINATION AND SUSPENSION

You may stop using the website at any time and may cancel purchased Services according to our Refund and Cancellation Policy and any applicable written agreement.

KizilCo may suspend or terminate access to the Services if:

  • You fail to make a required payment;

  • You materially violate these Terms;

  • You use the Services unlawfully or fraudulently;

  • Your conduct creates a security, legal, or reputational risk;

  • You abuse or threaten KizilCo personnel or contractors;

  • A third-party provider requires suspension;

  • Continuing the Service would violate applicable law; or

  • You fail to provide required information, access, or feedback for an extended period.

Termination does not eliminate payment obligations for Services already performed or third-party costs already incurred.

If KizilCo terminates a project for reasons not caused by the customer, we will provide an appropriate refund for any paid but unperformed portion of the Service.

Provisions concerning payment, intellectual property, confidentiality, disclaimers, liability, indemnification, governing law, and any provisions that by their nature should survive will remain effective after termination.

SECTION 22 — DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, the website, Services, information, and digital deliverables are provided “as is” and “as available,” except for any express commitments contained in a written agreement.

KizilCo does not warrant that:

  • The website will always be available, secure, or error-free;

  • Every error or incompatibility can be corrected;

  • Third-party platforms will remain available or unchanged;

  • Information supplied by third parties will always be accurate;

  • A Service will produce a particular business result; or

  • The Services will satisfy requirements that were not disclosed and agreed before purchase.

To the fullest extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, title, durability, and non-infringement.

Nothing in these Terms excludes any warranty or consumer right that cannot lawfully be excluded.

SECTION 23 — LIMITATION OF LIABILITY

To the fullest extent permitted by law, KizilCo and its owners, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages.

This includes loss of profits, revenue, customers, business opportunities, goodwill, data, anticipated savings, or the cost of substitute services, whether based on contract, tort, negligence, strict liability, or another legal theory.

KizilCo is not responsible for losses caused by:

  • Third-party platforms or providers;

  • Account suspensions or restrictions;

  • Algorithm or policy changes;

  • Customer instructions or supplied information;

  • Unauthorized access resulting from customer actions;

  • Failure to maintain backups;

  • Unlawful or unauthorized use of a deliverable;

  • Customer modifications made after delivery; or

  • Events outside our reasonable control.

To the fullest extent permitted by law, KizilCo’s total liability arising from a claim will not exceed the amount you paid to KizilCo for the specific Service giving rise to that claim.

These limitations do not apply where liability cannot legally be excluded or limited.

SECTION 24 — INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless KizilCo, Shopify, and their respective owners, officers, directors, employees, affiliates, agents, contractors, licensors, and service providers from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from:

  • Your violation of these Terms;

  • Your unlawful use of the Services or a deliverable;

  • Materials, content, data, or instructions you provide;

  • Your violation of another person’s intellectual property, privacy, publicity, or contractual rights;

  • Your marketing, advertising, communications, or data-processing activities;

  • Your violation of applicable law or third-party platform policies; or

  • Your fraud, misconduct, or negligence.

We will notify you of an indemnifiable claim within a reasonable period. You agree to provide reasonable cooperation in the defense of the claim.

SECTION 25 — FORCE MAJEURE

KizilCo will not be liable for delay or failure to perform caused by circumstances beyond our reasonable control.

These circumstances may include natural disasters, severe weather, fire, war, terrorism, civil unrest, labor disputes, government actions, public health emergencies, power failures, internet outages, cyberattacks, platform outages, vendor failures, transportation interruptions, or failures of telecommunications or hosting providers.

Affected obligations will be suspended for the duration of the event, and we will make reasonable efforts to resume performance when practical.

SECTION 26 — SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed if necessary.

The remaining provisions will continue in full force and effect.

SECTION 27 — WAIVER AND ENTIRE AGREEMENT

Failure to enforce a provision of these Terms does not waive our right to enforce it later.

These Terms, our posted policies, and any applicable proposal, Statement of Work, order form, invoice, or written service agreement constitute the entire agreement regarding the applicable Services.

They replace prior discussions, communications, or proposals concerning the same subject matter.

A change to a specific project agreement must be made in writing and accepted by authorized representatives of both parties.

SECTION 28 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written permission.

KizilCo may assign or transfer these Terms as part of a merger, acquisition, business reorganization, sale of assets, or transfer to an affiliated or successor entity.

SECTION 29 — GOVERNING LAW AND JURISDICTION

These Terms and any dispute arising from them will be governed by the laws of the Commonwealth of Pennsylvania and applicable federal laws of the United States, without regard to conflict-of-law principles.

Subject to any non-waivable consumer rights, you and KizilCo consent to the jurisdiction of the applicable state and federal courts located in Philadelphia County, Pennsylvania.

SECTION 30 — HEADINGS

Section headings are included for convenience only and do not limit or change the meaning of these Terms.

SECTION 31 — CHANGES TO THESE TERMS

We may update these Terms from time to time by posting a revised version on this page.

The “Last updated” date will indicate when the latest changes became effective.

When required by applicable law, we will provide additional notice of material changes.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms.

Changes will not retroactively alter the agreed scope or payment terms of an accepted project unless permitted by law or agreed in writing.

SECTION 32 — CONTACT INFORMATION

Questions about these Terms of Service may be sent to:

KizilCo
Philadelphia, Pennsylvania, USA
Website: https://kizilco.com
Email: nick@kizilco.com