Terms and Conditions
Governing Law: State of Colorado, United States
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING
By using the website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
1. AGREEMENT TO TERMS
By accessing or using this website or purchasing any services, digital products, or deliverables (“Offerings”) from Qs Global Capital dba marketingQs.com (“Company”, “we”, “our”), you (“Client”, “you”, “your”) agree to be legally bound by these Terms and Conditions (“Agreement”). If you do not agree, do not use this website or our Offerings.
These Terms apply to all purchases and engagements unless you have a separate written agreement with us. All clients—whether individuals or business entities—are bound by these Terms globally.
2. MODIFICATIONS
We may revise these Terms at any time. Changes take effect upon posting. Continued use of the website or our Offerings after changes constitutes acceptance.
3. OWNERSHIP, LICENSE, AND CLIENT MATERIALS
a. Our Content and Intellectual Property
All materials provided by the Company, including videos, graphics, software, documents, deliverables, training content, and media (“Company Content”) are owned by the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to use such materials solely for your personal or business use as specified in your purchase.
You may not copy, reproduce, modify, sublicense, distribute, or publicly display our Content without our prior written consent.
b. Client-Provided Materials
During onboarding or fulfillment, you may submit content, logos, branding, text, media, or other materials (“Client Materials”). You represent that you own or have rights to all Client Materials you provide.
You grant the Company a royalty-free, worldwide, non-exclusive license to use, modify, adapt, store, copy, and reproduce such Client Materials solely for the purpose of fulfilling the services or delivering Offerings to you.
c. Publicity Rights and Media Release
You expressly grant us the right to use your name, logo, business name, likeness, testimonials, case study data, and deliverables in our portfolio, website, promotional materials, and social media channels. This includes any materials submitted or developed in connection with our Offerings. This right is perpetual, irrevocable, and global.
4. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of non-public information disclosed during the relationship. Confidential Information includes technical, financial, or business information marked confidential or that reasonably should be treated as confidential.
Exceptions include:
Information that becomes public through no fault of the receiving party
Information independently developed or obtained legally from a third party
Disclosures required by law (with prior notice if allowed)
Confidentiality obligations survive for three (3) years after termination of this Agreement. Trade secrets will be protected for as long as they remain trade secrets under applicable law.
5. CONSULTING SERVICES, TIMING, AND REVISIONS
For consulting services or custom deliverables:
Scope of Work will be defined at checkout or onboarding.
Client is responsible for timely responses and providing needed input or materials.
Unless otherwise stated, services include one round of feedback and one revision per deliverable. Additional revisions may incur extra fees.
6. SCHEDULING, CANCELLATION, AND NO-SHOW POLICY
If your purchase includes a call or live session:
You must schedule it within the time window provided.
You may cancel or reschedule with at least 48 hours’ notice.
Missed appointments or short-notice changes may be forfeited or billed in full.
7. FEES, PAYMENTS, AND REFUNDS
All payments are final and non-refundable, including for digital downloads and consulting services. By purchasing, you agree:
All fees are due upfront, unless otherwise agreed in writing.
No refunds will be issued unless explicitly offered in writing.
You will provide accurate, valid payment methods.
If a product becomes unavailable after purchase but before delivery, our sole obligation is a replacement or refund at our discretion.
8. DELIVERABLES AND INTELLECTUAL PROPERTY RIGHTS
All work created by the Company remains our intellectual property unless otherwise agreed in writing.
Once you have paid in full, you are granted a non-exclusive, limited license to use the final deliverables for your business or personal purposes. We reserve the right to display and use the work in our portfolio and promotional materials.
9. DISCLAIMERS AND LIMITATIONS OF LIABILITY
You agree that:
Our Offerings are provided “as is” with no warranties, express or implied.
We do not guarantee specific outcomes, results, or earnings.
You are solely responsible for how you use the information and services provided.
We are not liable for any indirect, incidental, punitive, or consequential damages, including lost profits or data. Our total liability is limited to the amount you paid for the Offering in question, less any hard costs associated with delivering the Offering.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its officers, employees, and affiliates from any claims, liabilities, losses, or expenses (including legal fees) arising from:
Your breach of these Terms
Your use or misuse of the Offerings
Your violation of any third-party rights
11. TERMINATION
We may suspend or terminate your access if you violate these Terms or engage in behavior we determine is harmful or unlawful. We reserve the right to refuse service to anyone at any time.
You may terminate your use of our services at any time, but this does not entitle you to a refund.
12. DISPUTE RESOLUTION
Any disputes under these Terms will be governed by Colorado law. You agree to resolve any disputes exclusively in the state or federal courts located in Denver County, Colorado, and consent to their personal jurisdiction.
For U.S.-based consulting services, binding arbitration may be required under separate agreement terms.
13. ENTIRE AGREEMENT
These Terms constitute the full understanding between you and the Company. They supersede all prior agreements, including NDAs, model releases, and consulting agreements unless a separate contract is signed.
No waiver or amendment shall be valid unless in writing and signed by both parties.
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms
14. DATA PRIVACY & GDPR COMPLIANCE (FOR EU CLIENTS)
If you are located in the European Union (EU), European Economic Area (EEA), the United Kingdom (UK), or are otherwise subject to the General Data Protection Regulation (“GDPR”), the following applies:
We collect, store, and process personal data only to fulfill our obligations to you, deliver purchased services and products, or to comply with legal obligations. Personal data may include your name, contact information, business name, media content, and project-related communications.
By engaging our services, you expressly consent to:
The collection, use, and storage of your data for contractual purposes
The transfer of your data outside the EU/EEA (including to the United States), with appropriate safeguards such as secure storage, encryption, and access controls
The retention of personal data for as long as necessary to fulfill the purpose for which it was collected or as required by applicable law
You have the right to:
Access, correct, or delete your personal data
Object to or restrict certain data processing
Withdraw consent at any time without affecting prior lawful processing
Lodge a complaint with a supervisory authority in your country
If you wish to exercise your rights under GDPR, please email us at compliance@marketingQs.com with the subject line “GDPR Request.”
We do not sell or share your personal data with third parties except where legally required or essential for service fulfillment (e.g., subcontractors or payment processors under contract).
