Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of breakoutbay.com and the marketing services provided by Breakout ("Breakout," "we," "us," or "our"). By using the site or engaging our services, you agree to these Terms. If you do not agree, do not use the site or purchase our services.

1. Use of the site

You may use the site for lawful purposes only. You agree not to interfere with the site, attempt to gain unauthorized access, scrape content at scale, introduce malicious code, or use the site in a way that could damage, disable, or impair it.

2. Intellectual property

All content on this site, including copy, graphics, logos, icons, video, code, and design, is owned by or licensed to Breakout and is protected by U.S. and international intellectual property laws. You may not copy, reproduce, republish, modify, distribute, or create derivative works without our prior written permission. "Breakout" and related marks are trademarks of Breakout.

3. Services and proposals

Descriptions of services on this site are informational. The specific scope, deliverables, timeline, fees, and terms for client engagements are set out in a separate written proposal, statement of work, or order form ("Service Agreement"). If there is a conflict between these Terms and a signed Service Agreement, the Service Agreement controls for that engagement.

4. Fees, billing, and setup

• Recurring service fees are billed monthly in advance unless the Service Agreement says otherwise.
• One-time setup fees are billed at the start of an engagement and are non-refundable once work begins.
• Third-party costs such as ad spend, hosting, stock media, tools, and platform fees are the client's responsibility and are not included in service fees.
• Invoices are due on receipt. Past-due amounts may accrue interest at 1.5% per month or the maximum allowed by law.
• We may pause or suspend work on accounts that are more than 15 days past due.

5. Term, cancellation, and refunds

• Monthly plans continue until cancelled. Either party may cancel with 30 days' written notice to mail@breakoutbay.com.
• Fees already paid are non-refundable. You will not be billed for the month following the end of the notice period.
• On termination, we will provide access to deliverables produced and paid for, subject to any license terms in the Service Agreement.

Exceptional Circumstances

Although our general policy is that all payments are final and non-refundable, Breakout Bay understands that truly exceptional circumstances may occasionally arise.

Breakout Bay may, in its sole and absolute discretion, issue a full refund, partial refund, account credit, or other accommodation in rare and extraordinary circumstances.

Any such exception:

• Is determined on a case-by-case basis;
• Is entirely voluntary and at Breakout Bay's sole discretion;
• Does not create an obligation to provide a refund in any other case;
• Does not establish a precedent for future requests; and
• Does not modify or waive this Refund Policy for any other transaction or customer.

The existence of this discretionary exception does not create a right or entitlement to a refund.

6. Client responsibilities

• Provide timely access to accounts, assets, brand materials, and approvals we need to perform the work.
• Review deliverables and provide feedback within the timelines set in the Service Agreement.
• Ensure that content and assets you provide do not infringe third-party rights or violate any law.
• Maintain your own backups of your website, ad accounts, and business data.

7. Results and performance

Digital marketing depends on many factors outside our control, including search engine and AI platform algorithms, ad auction dynamics, seasonality, competition, and client-side execution. While we work hard to produce meaningful outcomes and describe realistic expectations, we do not guarantee specific rankings, traffic levels, lead volumes, conversion rates, or revenue unless a written guarantee is expressly included in a signed Service Agreement.

8. Third-party platforms

Our services often rely on third-party platforms (for example, Google, Bing, Meta, ChatGPT, Claude, Grok, Gemini, Apple, hosting providers, CRMs, and analytics tools). Your use of those platforms is governed by their own terms. We are not responsible for changes, outages, policy enforcement, account suspensions, or pricing changes by those platforms.

9. Confidentiality

Each party will protect the other party's non-public business information disclosed during an engagement and use it only for the purpose of performing under the Service Agreement. This does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

10. Disclaimers

The site and services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, or availability. We do not warrant that the site will be uninterrupted, secure, or error-free.

11. Limitation of liability

To the maximum extent allowed by law, Breakout and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the site or services. Our total aggregate liability for any claim will not exceed the fees paid to us for the services giving rise to the claim in the three months before the claim arose.

12. Indemnification

You agree to indemnify and hold harmless Breakout from any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from content or assets you provide, your use of the services in violation of these Terms, or your violation of any law or third-party right.

13. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the services will be brought exclusively in the state or federal courts located in Cumberland County, Pennsylvania, and you consent to personal jurisdiction there.

14. Changes to these Terms

We may update these Terms from time to time. The "Effective" date at the top shows when they were last revised. Continued use of the site after changes take effect constitutes acceptance of the updated Terms.

15. Contact us

Breakout
128 South 32nd Street #1041
Camp Hill, PA 17011
Email: mail@breakoutbay.com
Phone: 717 546 8729