These Terms & Conditions (the "Terms") are a binding agreement between you and Black Fisk Solutions, LLC, the owner and operator of SSE Mark ("SSE Mark," "we," "us," or "our"). They govern your use of ssemark.com (the "Site") and all services, software, tools, data, and products we provide, including branding, design, web development, SEO, social media, advertising, email campaigns and SSEMailer, lead data, free tools, and promotional products (together, the "Services").
1. The agreement and who may use it
1.1 Business use only. The Services are offered to businesses and professionals, not to consumers for personal, family, or household purposes. By using the Services you represent that you are at least 18 years old, that you are acting on behalf of a business, and that you have authority to bind that business to these Terms. "You" and "Client" mean that business and you individually.
1.2 Proposals and order documents. Specific Services may be described in a proposal, statement of work, quote, invoice, order form, or subscription plan (each an "Order"). Each Order is governed by these Terms. If an Order conflicts with these Terms, the Order controls only for that specific conflict and only if the Order expressly states that it overrides these Terms.
1.3 Changes to these Terms. We may update these Terms by posting a revised version on this page. Changes take effect when posted and apply to Services provided after that date; changes will not apply retroactively to a signed Order's pricing or scope. Continued use of the Services after changes are posted means you accept them.
2. Services, scope, and changes
2.1 Scope. We will perform the Services described in the applicable Order in a professional manner. Anything not expressly listed in an Order is outside its scope.
2.2 Change requests. Requests for additional work, extra revision rounds, new features, or changes after approval are "Change Requests." We may quote Change Requests separately, adjust timelines, or decline them. Unless an Order says otherwise, each design deliverable includes up to two (2) rounds of revisions.
2.3 Timelines. Timelines are good-faith estimates, not guarantees, and depend on your timely cooperation. We are not responsible for delays caused by you, third parties, or platforms.
2.4 Subcontractors and tools. We may use employees, contractors, software, and AI tools of our choosing to perform the Services. We remain responsible for work performed under an Order as provided in these Terms.
3. Your responsibilities
- Provide accurate, complete, and lawful information, content, assets, approvals, and access on time;
- Designate a person with authority to give feedback and approvals;
- Review all deliverables as described in Section 6;
- Ensure that your products, services, offers, and marketing claims comply with all laws and regulations that apply to your business and industry (for example, FTC advertising and endorsement rules, healthcare, financial, legal, real estate, or alcohol advertising rules, and privacy laws);
- Maintain your own backups of your content, data, and websites.
3.1 Paused projects. If a project is delayed for more than thirty (30) days because we are waiting on you, we may pause it, invoice for all work completed, and require a restart fee to resume. If you do not respond for sixty (60) days, the project may be deemed complete and all remaining fees become due.
4. Artificial intelligence and human error
4.1 Disclosure and consent to use of AI. We use artificial intelligence, machine learning, and generative tools, including third-party large language models and image, design, code, and analytics tools (together, "AI Tools"), to help research, write, design, code, analyze, translate, optimize, and deliver the Services. By engaging us, you consent to our use of AI Tools. If you require that AI Tools not be used on your project, you must say so in writing before work begins; this may change pricing, timelines, or availability of certain Services.
4.2 Nature of AI output. You acknowledge that AI Tools are probabilistic and that their output ("AI Output") may be inaccurate, incomplete, outdated, inconsistent, biased, offensive, or entirely fabricated (sometimes called "hallucinations"). AI Output may contain, among other things: false facts, statistics, quotes, citations, or links; incorrect pricing, dates, or contact details; grammatical, spelling, or translation errors; coding defects, security vulnerabilities, or incompatibilities; visual artifacts or distortions in images; and content that resembles existing third-party works, trademarks, or people.
4.3 Human error. Our team members are people, and people also make mistakes, including typographical, spelling, calculation, transcription, formatting, configuration, scheduling, data-entry, and judgment errors, and errors in reviewing AI Output. The Services, whether performed by people, by AI Tools, or by both together, are not guaranteed to be error-free. Our review of AI Output reduces, but does not eliminate, the risk of errors.
4.4 Your duty to review and verify. You are solely responsible for reviewing, fact-checking, proofreading, and verifying all deliverables, content, data, code, designs, campaigns, and recommendations, whether created by people, AI Tools, or both, before you approve, publish, send, print, launch, or rely on them. This includes verifying the accuracy of any claims about your business, products, prices, credentials, results, legal or regulatory statements, and any content in regulated industries. You assume all risk arising from deliverables you approve or use.
4.5 Not professional advice. Nothing we provide, including AI Output, SEO reports, marketing strategies, or recommendations, is legal, tax, accounting, financial, medical, compliance, or other professional advice. You should consult qualified professionals before relying on any such information.
4.6 Intellectual property in AI Output. You acknowledge that (a) AI Output may not be eligible for copyright or other intellectual property protection in some jurisdictions; (b) AI Tools may generate the same or similar output for other users, so AI Output may not be unique or exclusive to you; and (c) we cannot guarantee that AI Output does not infringe or resemble third-party rights. We do not warrant ownership, exclusivity, registrability, or non-infringement of AI Output. If you intend to register or enforce trademarks, copyrights, or other rights in a deliverable, you are responsible for conducting your own clearance search and legal review.
4.7 Third-party AI providers. AI Tools are provided by third parties that may change, limit, or discontinue them, experience outages, or change their terms at any time. We are not responsible for the acts, omissions, availability, or data practices of third-party AI providers.
4.8 Your use of AI. If you provide us content that you created with AI tools, you are responsible for its accuracy and for having the rights to use it.
4.9 Remedy for errors. If you notify us in writing of an error in a deliverable before you approve it, or within ten (10) days after delivery if no approval step applies, our sole obligation and your exclusive remedy is for us to use commercially reasonable efforts to correct that error at no additional charge. Errors identified after approval, publication, sending, printing, or launch may be corrected at our standard rates. In no event will we be liable for any loss arising from an error in a deliverable you approved, published, sent, printed, or relied on.
5. No guarantee of results
Marketing outcomes depend on many factors outside our control, including search engine and social media algorithms, advertising auctions, competitors, market conditions, email provider filtering, your products, pricing, and sales process. We do not guarantee any particular result, including search rankings, traffic, impressions, followers, engagement, leads, open or click rates, inbox placement, deliverability, conversions, sales, revenue, or return on investment. Any projections, estimates, benchmarks, or case studies are illustrative only and are not promises of future performance.
6. Review, approval, and acceptance
6.1 Approval. We may ask you to approve drafts, proofs, designs, copy, code, websites, campaigns, schedules, or settings. Approval may be given by email, text, chat, signature, a click in our software, or any other written or electronic means. Your approval confirms that you have reviewed the item and accept it as final, including its content, spelling, pricing, images, and legal compliance.
6.2 Deemed acceptance. If you do not approve or provide specific written objections within five (5) business days after we deliver an item for review, or if you publish, launch, send, print, or use it, the item is deemed approved and accepted.
6.3 Changes after approval. Changes requested after approval are Change Requests under Section 2.2.
7. Fees, payment, and subscriptions
7.1 Fees. You agree to pay all fees stated in the applicable Order, quote, or plan. Unless an Order states otherwise, project work requires a non-refundable deposit before work begins, and invoices are due upon receipt.
7.2 Late payment. Past-due amounts accrue a late charge of 1.5% per month (or the maximum rate allowed by law, if lower). We may suspend Services, withhold deliverables, disable access, or take down work we host until all amounts are paid. You agree to pay all reasonable costs of collection, including attorneys' fees and collection agency fees.
7.3 Subscriptions and automatic renewal. Monthly subscriptions (including SSEMailer plans, the managed warm-up add-on, and monthly service retainers) renew automatically at the end of each billing period and your payment method will be charged the then-current fee until you cancel. You may cancel at any time through your account or by emailing Info@ssemark.com; cancellation takes effect at the end of the current billing period. We may change subscription prices with at least thirty (30) days' advance notice.
7.4 Commitment terms. Services sold with a minimum commitment (for example, a 6- or 12-month lead data plan) may not be canceled for convenience before the commitment ends. If you cancel early or we terminate for your breach, all remaining fees for the commitment period become immediately due.
7.5 Refunds. Except where required by law or expressly stated in an Order, all fees are non-refundable, including deposits, fees for work performed, delivered digital reports, delivered data, partial billing periods, and custom products.
7.6 Chargebacks. You agree to contact us to resolve any billing concern before disputing a charge with your bank or card issuer. Filing a chargeback for Services that were provided is a breach of these Terms, and you will be responsible for the disputed amount plus any fees we incur.
7.7 Taxes. Fees exclude taxes. You are responsible for all applicable sales, use, and similar taxes, other than taxes on our income.
8. Third-party platforms and costs
The Services depend on third-party platforms such as Google, Meta, LinkedIn, domain registrars, hosting providers, email providers, payment processors, and printers. Unless an Order states otherwise, you are responsible for all third-party costs, including advertising spend, domain, hosting, software, stock media, font, plugin, and license fees. We are not responsible for third-party platforms' outages, errors, policy or algorithm changes, account suspensions, ad rejections, data loss, price changes, or discontinuation of features, and you remain bound by those platforms' terms.
9. Your content
"Client Content" means logos, images, text, data, contact lists, trademarks, and any other materials you provide to us. You represent and warrant that you own or have all necessary rights, licenses, and consents to provide Client Content and to let us use it to perform the Services, and that Client Content and your instructions do not violate any law or third-party right. You grant us a non-exclusive, royalty-free license to use, copy, modify, and display Client Content as needed to perform the Services.
10. Intellectual property
10.1 Final deliverables. Upon our receipt of full payment of all amounts owed, we assign to you whatever rights we hold in the final, approved deliverables created specifically for you under an Order ("Final Deliverables"), subject to Sections 4.6, 10.2, and 10.3. Until full payment, we retain all rights, and you receive only a limited, revocable license to review the work.
10.2 Our materials. We retain all rights in our pre-existing and independently developed materials, including our know-how, processes, templates, frameworks, code libraries, software (including SSEMailer and our free tools), and any unused drafts, concepts, or alternatives ("SSE Mark Materials"). To the extent SSE Mark Materials are incorporated into Final Deliverables, we grant you a non-exclusive, perpetual license to use them as part of those Final Deliverables.
10.3 Third-party materials. Stock photos, fonts, plugins, themes, open-source software, and other third-party materials are licensed to you under their own license terms, which you agree to follow.
10.4 Portfolio. Unless you ask us in writing not to, we may display non-confidential Final Deliverables and your business name and logo in our portfolio, case studies, and marketing. We will not publish confidential information or specific results without your permission.
11. Account access and credentials
You remain the owner of your accounts and are responsible for them. Whenever possible, grant us access through delegated user, manager, or partner roles instead of sharing passwords, and use multi-factor authentication. By sharing credentials you authorize us to access and make changes to those accounts as needed to perform the Services. You are responsible for changing passwords and removing our access when an engagement ends. We are not liable for unauthorized access, data loss, or account suspension that does not result from our gross negligence or willful misconduct.
12. Email campaigns and SSEMailer
12.1 You are the sender. For any email, text, or other message sent for you or through SSEMailer, you are the sender and advertiser and are solely responsible for its content and for complying with all applicable laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the Florida Telephone Solicitation Act, state anti-spam laws, and, where applicable, foreign laws such as Canada's anti-spam law (CASL) and the GDPR.
12.2 Contact lists. You represent that you have a lawful basis and all required consents to contact every recipient you upload or instruct us to contact. You will not upload lists that were purchased, rented, scraped, or harvested unless their use complies with applicable law, and you will honor all unsubscribe and opt-out requests.
12.3 Acceptable use. You will not use the Services to send spam, phishing, malware, deceptive or misleading content, illegal content, or content that infringes others' rights, or to send on behalf of domains you do not control. We may review, pause, throttle, or cancel campaigns, suspend sending domains, and suspend or terminate accounts at any time, without refund, if we believe a campaign violates these Terms or the law, or produces excessive bounces, spam complaints, or blocklistings.
12.4 Deliverability. Inbox placement, open and click tracking, and warm-up results depend on mailbox providers and are not guaranteed. Tracking data may be incomplete or inaccurate. Scheduled send times are targets, not guarantees.
13. Lead data
13.1 License. Lead data is licensed, not sold, to you for your own internal business-to-business prospecting. You may not resell, sublicense, publish, or share lead data with third parties.
13.2 Accuracy. Lead data is compiled from public records and third-party sources, may be enriched using automated and AI Tools, and is provided "as is" without any guarantee of accuracy, completeness, or deliverability. Records may be outdated, duplicated, or incorrect. Replacement of bad records is at our discretion unless an Order provides otherwise.
13.3 Compliance. You are solely responsible for using lead data lawfully, including scrubbing phone numbers against federal and state Do-Not-Call lists, obtaining any consent required before calling or texting (including consent required for autodialed or prerecorded calls and texts), honoring opt-outs, and complying with CAN-SPAM, the TCPA, and the Florida Telephone Solicitation Act. You will not use lead data for any purpose regulated by the Fair Credit Reporting Act, including credit, employment, insurance, or housing eligibility decisions.
14. Promotional products
14.1 Quotes and orders. Promotional product quotes are valid for fourteen (14) days and are subject to supplier price and inventory changes. Orders are confirmed only after you approve the proof and pay the invoice or deposit.
14.2 Proof approval is final. You are responsible for checking every proof for spelling, grammar, logo accuracy, colors, sizing, placement, quantities, and imprint details. We are not responsible for any error that appears on an approved proof.
14.3 Variations. Colors may vary between screens, proofs, materials, and production runs, and exact color matches (including PMS matches) are not guaranteed. Imprint sizes and placement may vary slightly. Consistent with industry practice, actual quantities delivered may vary by up to ten percent (10%) over or under the ordered quantity, and you will be billed for the actual quantity delivered.
14.4 Production and shipping. Production and delivery dates are estimates. Title and risk of loss pass to you when goods are delivered to the carrier. We are not responsible for carrier delays or damage in transit, but we will assist with carrier claims.
14.5 Returns and defects. Custom-imprinted products cannot be returned or canceled once production begins. You must report defects or shortages in writing, with photos, within five (5) business days after delivery. Our sole obligation for confirmed manufacturing defects is to reprint or credit the defective items.
14.6 Artwork rights. You represent that you have the right to reproduce all logos, trademarks, and artwork you ask us to imprint.
15. Free and automated tools
Our free tools and automated reports, including the SEO scanner and its paid Pro and Pro+ reports, are generated automatically, may use AI Tools, and are provided for general informational purposes "as is." Results may be incomplete or inaccurate and may differ from the results of other tools or search engines. Only submit URLs for websites you own or are authorized to scan. We may change, limit, or discontinue any tool at any time.
16. Confidentiality
Each party will use reasonable care to protect the other party's non-public business information that is marked or reasonably understood to be confidential, and will use it only to perform or receive the Services. This does not apply to information that is public, already known to the recipient, independently developed, or lawfully received from a third party, or that must be disclosed by law. Our handling of personal information is described in our Privacy Policy.
17. Disclaimer of warranties
Except as expressly stated in a signed Order, the Site, Services, deliverables, AI Output, software, tools, reports, and data are provided "as is" and "as available," with all faults. To the fullest extent permitted by law, SSE Mark disclaims all warranties, express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. SSE Mark does not warrant that the Services or deliverables will be error-free, uninterrupted, secure, free of harmful components, or that they will meet your requirements or achieve any particular result.
18. Limitation of liability
To the fullest extent permitted by law: (a) SSE Mark, its owners, members, managers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, sales, business, goodwill, data, or search rankings, cost of substitute services, business interruption, or account suspension, however caused and under any theory of liability, even if advised of the possibility of such damages; and (b) SSE Mark's total cumulative liability arising out of or relating to these Terms, the Services, or any Order will not exceed the fees you actually paid to SSE Mark for the specific Services giving rise to the claim during the three (3) months immediately before the event giving rise to the claim.
These limitations apply to all claims, including claims arising from errors made by people or AI Tools, and apply even if a limited remedy fails of its essential purpose. They reflect an agreed allocation of risk that is reflected in our pricing. Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for fraud.
19. Indemnification
You will defend, indemnify, and hold harmless SSE Mark and its owners, members, managers, employees, contractors, and agents from and against all claims, losses, damages, fines, penalties, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Client Content; (b) your products, services, offers, and marketing claims; (c) deliverables you approved, published, sent, printed, or used; (d) emails, texts, calls, or other messages sent by you or on your behalf, including any claim under the CAN-SPAM Act, TCPA, Florida Telephone Solicitation Act, or similar laws; (e) your use of lead data; (f) your breach of these Terms or violation of law or third-party rights; and (g) your use of third-party platforms.
20. Term and termination
These Terms apply for as long as you use the Services. Either party may terminate an Order with no minimum commitment on fourteen (14) days' written notice. We may suspend or terminate the Services immediately if you breach these Terms, fail to pay, act abusively toward our team, or expose us to legal risk. Upon termination, you must pay for all work performed and expenses incurred through the termination date, plus any remaining commitment fees under Section 7.4. Sections 4, 5, 7, 9, 10, 13, 16 through 19, 21, 22, and 23, and any other provisions that by their nature should survive, survive termination.
21. Non-solicitation
During any engagement and for twelve (12) months afterward, you will not directly or indirectly solicit for employment or engagement any SSE Mark employee or contractor who worked on your Services, without our written consent. If you do, you agree to pay a placement fee equal to 25% of that person's first-year compensation, which the parties agree is a reasonable estimate of our damages and not a penalty. General job postings not targeted at our personnel do not violate this Section.
22. Disputes, arbitration, and waivers
22.1 Informal resolution. Before starting any proceeding, the party with a dispute must send the other a written description of it, and the parties will try in good faith to resolve it for thirty (30) days.
22.2 Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any Order that is not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Miami-Dade County, Florida. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section.
22.3 Exceptions. Either party may (a) bring an individual claim in small claims court, (b) seek temporary injunctive relief in court to protect intellectual property or confidential information, and (c) SSE Mark may bring an action in court to collect unpaid fees.
22.4 Class action and jury trial waiver. All disputes must be brought in a party's individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. Each party knowingly and voluntarily waives any right to a trial by jury.
22.5 Venue. For any matter permitted to proceed in court, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Miami-Dade County, Florida.
22.6 Time limit. Any claim against SSE Mark must be brought within one (1) year after the claim arises, or it is permanently barred, to the extent permitted by law.
22.7 Attorneys' fees. The prevailing party in any arbitration or legal proceeding is entitled to recover its reasonable attorneys' fees and costs.
23. General terms
- Governing law. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules.
- Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including platform or internet outages, AI provider outages, cyberattacks, natural disasters, hurricanes, power failures, pandemics, supplier shortages, labor disputes, or government action.
- Sole responsible party. The Services are provided solely by Black Fisk Solutions, LLC through SSE Mark. No affiliated company, and no owner, member, manager, officer, employee, or contractor of SSE Mark or Black Fisk Solutions, LLC, is a party to these Terms or any Order or is personally liable for any obligation under them. You agree to bring any claim only against Black Fisk Solutions, LLC.
- Independent contractor. We are an independent contractor. Nothing creates a partnership, joint venture, employment, or agency relationship.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Electronic agreement. You agree that these Terms, Orders, approvals, and notices may be accepted and delivered electronically and have the same effect as signed paper documents.
- Notices. We may give notices by email to the address you provide or by posting on the Site. You must send notices to Info@ssemark.com.
- Entire agreement. These Terms, the Privacy Policy, and any Orders are the entire agreement between the parties on their subject and supersede prior discussions.
- Severability and waiver. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest will remain in effect. Our failure to enforce a provision is not a waiver.
- Headings. Headings and summaries are for convenience only and do not affect interpretation.
24. Contact
SSE Mark · Black Fisk Solutions, LLC
16782 SW 88 St, #352
Miami, FL 33196
Email: Info@ssemark.com