By accessing or using any services provided by Sawkly ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated herein by reference.
These Terms apply to all visitors, users, and clients of Sawkly's website and services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
Sawkly provides AI-powered marketing automation services, including but not limited to:
The specific services provided to you will be outlined in a separate Service Agreement or Statement of Work ("SOW") agreed upon between you and Sawkly. These Terms apply to all such services.
To access certain services, you may be required to create an account. You agree to:
We reserve the right to suspend or terminate accounts that contain false information or that violate these Terms.
Service fees are as outlined in your Service Agreement or SOW. Fees are quoted in USD unless otherwise specified. All fees are exclusive of applicable taxes, which you are responsible for paying.
We accept major credit cards, bank transfers, and other payment methods as specified at checkout. By providing payment information, you authorize us to charge the applicable fees.
We reserve the right to modify our pricing with 30 days' written notice. Continued use of services after the notice period constitutes acceptance of the new pricing.
Due to the nature of our done-for-you services, which involve significant time, resources, and custom work, our refund policy is as follows:
Setup fees are non-refundable once work has commenced. If you cancel before work begins, a full refund will be issued within 5 business days.
Monthly retainer fees are non-refundable once the billing period has started. You may cancel future billing by providing 30 days' written notice.
If Sawkly fails to deliver the agreed services due to our own fault, we will either re-perform the services at no additional cost or issue a pro-rated refund for the undelivered portion, at our discretion.
You agree not to use our services to:
We reserve the right to suspend or terminate services immediately if we determine, in our sole discretion, that you are violating these acceptable use standards.
You retain ownership of all content, brand assets, and materials you provide to us. By providing such materials, you grant Sawkly a non-exclusive, royalty-free license to use them solely for the purpose of delivering our services to you.
Upon full payment of all fees, you own the marketing deliverables created specifically for you (content, funnels, copy). Sawkly retains ownership of underlying systems, templates, methodologies, and proprietary tools used to create those deliverables.
All intellectual property related to Sawkly's platform, systems, processes, and brand — including our website, software, and documentation — remains the exclusive property of Sawkly. You may not copy, modify, distribute, or reverse-engineer any part of our proprietary systems.
Both parties agree to keep confidential any non-public information disclosed during the course of the engagement, including business strategies, client data, pricing, and technical information.
This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party; (c) is required to be disclosed by law or court order.
Confidentiality obligations survive termination of these Terms for a period of 3 years.
SAWKLY PROVIDES SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
We do not warrant that:
Marketing results depend on many factors outside our control, including market conditions, your product/service quality, and platform algorithm changes. We commit to professional execution — not guaranteed outcomes.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAWKLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.
IN NO EVENT SHALL SAWKLY'S TOTAL LIABILITY TO YOU EXCEED THE TOTAL FEES PAID BY YOU TO SAWKLY IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Sawkly and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
You may terminate services by providing 30 days' written notice. You remain responsible for all fees incurred up to the termination date.
We may suspend or terminate your access to services immediately, without prior notice, if you: breach these Terms, fail to pay fees when due, engage in prohibited conduct, or if we are required to do so by law.
Upon termination, your right to use our services ceases immediately. We will provide you with your data and deliverables within 14 days of termination. Provisions that by their nature should survive termination will remain in effect.
These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall first be attempted to be resolved through good-faith negotiation between the parties.
If negotiation fails, disputes shall be resolved through binding arbitration. The prevailing party shall be entitled to recover reasonable legal fees and costs.
We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or prominent notice on our website.
Your continued use of our services after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using our services.
For questions about these Terms of Service, please contact us: