Terms of Service

1. Services

OneOcean provides digital marketing services for local businesses in the United States, including website design and development, advertising campaign management (e.g., Google, Meta), local SEO, dashboards and CRM tooling, marketing automation, and an AI-powered voice and chat assistant that answers calls and messages and can schedule appointments.

Specific deliverables, timelines, fees and service levels are defined in the proposal or order agreed with each client. If a proposal conflicts with these Terms, the proposal controls for that engagement.

2. Fees & Billing

• Plans are billed monthly in advance unless otherwise agreed; one-time setup fees are billed at kickoff.
• Engagements are month to month with no early-termination penalty, unless the proposal says otherwise.
• Advertising spend (paid to Google, Meta, etc.) is separate from our fees and is paid from the client's own accounts.
• Late or failed payments may result in suspension of services after notice.

3. Client Accounts & Ownership

We build on accounts owned by the client whenever practicable (domain, website, ad accounts, business profiles, phone numbers, data). Upon termination and payment of outstanding fees, the client keeps ownership and admin access to those accounts and to the content we produced for them under the engagement.

OneOcean retains ownership of its pre-existing tools, frameworks, internal code libraries and know-how; the client receives a license to use them as embedded in the deliverables.

4. AI Assistant

• Elise is an automated AI system. It may occasionally mishear, misunderstand or produce inaccurate responses. During onboarding, the client can review conversations before the assistant operates autonomously.
• Calls answered by the assistant may be recorded and transcribed; a recording notice is played where required. The client business must ensure its own use of recordings complies with the laws applicable to it.
• The assistant is not intended for emergency services or for legal, medical or financial advice.

5. Acceptable Use

You agree not to misuse the services: no unlawful content or activity, no attempts to breach security or disrupt operation, no use of the AI assistant to harass, defraud or spam, and no infringement of third-party rights.

6. Third-Party Services

Our services depend on third-party platforms (hosting, telephony, AI models, advertising networks, payment processors). We are not responsible for outages, policy changes or acts of those platforms, though we will use reasonable efforts to mitigate their impact.

7. Disclaimers

Services are provided "as is" and "as available". We do not guarantee specific marketing results, rankings, lead volumes or revenue. To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

8. Limitation of Liability

To the maximum extent permitted by law, OneOcean's aggregate liability arising out of or related to the services will not exceed the fees paid to us in the three (3) months preceding the event giving rise to the claim, and we will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or data.

9. Indemnification

Each party will defend and indemnify the other against third-party claims arising from its own breach of these Terms, violation of law or infringement of third-party rights.

10. Termination

Either party may terminate a month-to-month engagement effective at the end of the current billing period by written notice. We may suspend or terminate for material breach, including non-payment, after notice and a reasonable opportunity to cure.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. The parties will first attempt to resolve disputes in good faith; failing that, disputes will be brought in the state or federal courts located in Delaware.

12. Changes

We may update these Terms from time to time; the "Last updated" date reflects the latest revision. Continued use of the services after changes take effect constitutes acceptance.