DM. MARKETING SERVICES, LLC
DBA TRENDIO MARKETING
Effective Date: March 1, 2026
1. ACCEPTANCE OF TERMS
Welcome to the website, services, software platforms, marketing programs, subscription services, digital products, websites, applications, advertising services, and related offerings provided by DM Marketing Services, LLC, doing business as Trendio Marketing ("Trendio Marketing," "Company," "we," "our," or "us").
These Terms & Conditions ("Terms") govern your access to and use of our website, products, services, subscriptions, content, software, and related offerings.
By accessing our website, purchasing services, enrolling in a subscription plan, executing a service agreement, submitting payment, or otherwise using our services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.
If you do not agree to these Terms, you may not access or use our services.
These Terms constitute a legally binding agreement between you and DM Marketing Services, LLC (DBA Trendio Marketing).
2. ELIGIBILITY
You represent and warrant that: • You are at least eighteen (18) years of age; • You have legal authority to enter into this agreement; • You are acting on behalf of yourself or a legally authorized business entity; • All information you provide to Trendio Marketing is accurate and complete; • You will maintain current and accurate account information throughout your relationship with Trendio Marketing. If you are entering into these Terms on behalf of a business entity, you represent and warrant that you have authority to bind that entity.
3. SERVICES
Trendio Marketing provides marketing, advertising, technology, consulting, and creative services, which may include:
• Social Media Management
• Social Media Marketing
• Content Creation
• Video Production
• Graphic Design
• Digital Advertising
• Meta Advertising
• Google Advertising
• TikTok Advertising
• Search Engine Optimization (SEO)
• Website Design
• Website Development
• Website Hosting
• Landing Pages
• CRM Implementation
• Marketing Automation
• SMS Marketing
• Email Marketing
• Artificial Intelligence Content Services
• Lead Generation Services
• Reputation Management
• Consulting Services
• Marketing Strategy
• Other related services
The scope of services purchased by a client shall be governed by the applicable invoice, proposal, service agreement, order form, subscription plan, or written communication accepted by Trendio Marketing.
Trendio Marketing reserves the right to modify, discontinue, replace, improve, or update any service at any time.
4. SUBSCRIPTION PLANS - Trendio Marketing may offer:
A. Monthly Subscription Plans
Monthly subscription plans renew automatically each month unless canceled in accordance with these Terms.Monthly subscription fees are earned upon payment and are non-refundable except where required by applicable law.
B. Annual Subscription Plans
Annual subscription plans are prepaid and cover a twelve (12) month service period.Annual plans may include discounted pricing in exchange for a longer commitment period.Annual subscriptions are subject to the refund schedule set forth in Section 8.
C. Custom Service Agreements
Certain services may be governed by custom contracts, proposals, statements of work, invoices, or service agreements.Where a conflict exists between these Terms and a separately executed written agreement, the written agreement shall control.
5. ACH PAYMENT AUTHORIZATION - Trendio Marketing accepts payment exclusively through:
• ACH Bank Transfers.
• Electronic Bank Drafts.
• Business Checks.
• Other approved banking methods.
Trendio Marketing does not accept credit cards or debit cards unless specifically approved in writing.
By providing banking information and authorizing payment, you authorize Trendio Marketing and its payment processor, Stripe, to initiate electronic ACH debits from your designated bank account. You certify that:
• You are an authorized signer on the account;
• You have authority to authorize ACH transactions;
• The banking information provided is accurate and current.
This authorization remains in effect until revoked in writing. Revoking ACH authorization does not cancel your subscription, payment obligations, outstanding invoices, or contractual commitments.
6. STRIPE PAYMENT PROCESSING
ACH transactions may be processed through Stripe or its affiliated banking partners.
Trendio Marketing does not store full banking credentials on its own systems.
Payment processing may be subject to:
• Stripe Terms of Service.
• Stripe ACH Rules.
• NACHA Rules.
• Applicable federal and state banking regulations.
You agree to comply with all payment processing requirements associated with ACH transactions.
7. PAYMENT TERMS - Unless otherwise agreed in writing:
Monthly Plans - Subscription fees are automatically due each month on the billing anniversary date.
Annual Plans - Annual fees are due in full prior to commencement of services.
Late Payments - Trendio Marketing may suspend services immediately upon non-payment. No obligation exists to continue services while an account remains delinquent.
Returned ACH Payments
Any ACH transaction that is:
• Returned.
• Rejected.
• Reversed.
• Disputed.
• Blocked shall incur a Returned Payment Fee of Twenty-Five Dollars ($25.00) per occurrence.
Trendio Marketing reserves the right to reattempt collection of any unpaid amount. Customers remain responsible for all outstanding balances regardless of payment failure.
8. REFUND POLICY
Annual Subscription Plans - Refund eligibility is determined according to the following schedule:
Days 0 – 30
Customer may receive a refund equal to seventy-five percent (75%) of the annual subscription fee paid.
Days 31 – 90
Customer may receive a refund equal to fifty percent (50%) of the annual subscription fee paid.
After Day 90No refunds shall be issued.
All refunds are calculated based solely on subscription fees paid and exclude:
• Third-party advertising spend.
• Software licenses.
• Hosting fees.
• Domain registration fees.
• Setup fees.
• ACH processing fees.
• Third-party vendor costs.
• Custom development costs
Monthly Subscription Plans - Monthly subscription fees are non-refundable. No prorated refunds shall be provided for:
• Partial months.
• Unused services.
• Unused deliverables.
• Unused advertising management.
• Unused support services
9. CANCELLATION POLICY
Monthly Subscriptions - Customers may cancel at any time by providing written notice.
Cancellation becomes effective at the conclusion of the current billing cycle.
No refunds shall be provided for the current billing period.
Annual Subscriptions - Customers may cancel at any time. Any refund eligibility shall be governed exclusively by Section 8. After ninety (90) days from the service start date, no refund shall be available. Cancellation does not eliminate responsibility for any outstanding fees incurred before cancellation.
10. CLIENT RESPONSIBILITIES
Clients are solely responsible for providing accurate, complete, and lawful information necessary for Trendio Marketing to perform services. The Client agrees to:
• Provide requested materials in a timely manner.
• Review deliverables promptly.
• Maintain access to required business accounts.
• Cooperate with reasonable requests from Trendio Marketing.
• Ensure all information supplied is truthful and accurate.
Trendio Marketing shall not be responsible for delays, performance issues, missed deadlines, campaign interruptions, or reduced results caused by:
• Delayed client responses.
• Failure to provide requested materials.
• Inaccurate business information.
• Restricted account access.
• Third-party platform issues.
• Force majeure events.
11. CLIENT CONTENT AND REPRESENTATIONS
The Client may provide:
• Logos.
• Photos.
• Videos.
• Trademarks.
• Copyrighted materials.
• Marketing assets.
• Website content.
• Business information.
• Promotional materials.
• Social media access.
• Customer communications
The Client represents and warrants that:
• The Client owns or controls all rights necessary to provide such materials.
• The materials do not infringe upon any third-party rights.
• The materials comply with all applicable laws and regulations.
• The materials do not contain unlawful, deceptive, defamatory, misleading, infringing, or prohibited content.
The Client agrees to indemnify and hold harmless Trendio Marketing from any claims arising from Client-provided materials.
12. INTELLECTUAL PROPERTY OWNERSHIP
All materials, systems, methodologies, frameworks, software, templates, strategies, processes, designs, source files, concepts, automations, scripts, workflows, and proprietary assets developed or utilized by Trendio Marketing shall remain the exclusive property of Trendio Marketing. Nothing in these Terms shall be interpreted as transferring ownership of any intellectual property rights to the Client. Trendio Marketing expressly reserves all rights not specifically granted herein.
13. LICENSE TO CLIENT
Upon receipt of all required payments, Trendio Marketing grants the Client a limited, non-exclusive, non-transferable, revocable license to use approved deliverables solely for the Client's internal business and marketing purposes.
The Client may not:
• Resell deliverables.
• License deliverables to third parties.
• Reverse engineer proprietary systems.
• Repackage deliverables for commercial resale.
• Remove copyright or ownership notices.
• Claim ownership of Trendio Marketing intellectual property.
This license automatically terminates upon violation of these Terms.
14. TRENDIO MARKETING RETAINS ALL RIGHTS
Except for the limited license expressly granted herein, Trendio Marketing retains all rights, title, and interest in and to:
• Creative concepts.
• Marketing strategies.
• Advertising frameworks.
• Campaign structures.
• Videos • Graphics.
• Templates.
• Software.
• Website code.
• CRM configurations.
• AI systems.
• Automations
• Training materials.
• Internal methodologies.
No ownership rights are transferred to the Client.
15. PORTFOLIO, CASE STUDY, AND PROMOTIONAL RIGHTS
The Client grants Trendio Marketing a perpetual, worldwide, royalty-free license to display, reproduce, publish, modify, distribute, and otherwise use completed work for:
• Portfolio purposes.
• Marketing purposes.
• Case studies.
• Sales presentations.
• Social media content.
• Advertising campaigns.
• Educational materials.
• Industry awards.
• Business development.
This includes the use of:
• Client name.
• Business name.
• Logos.
• Website screenshots.
• Advertising results.
• Marketing materials.
• Videos.
• Images.
• Campaign examples.
Unless otherwise prohibited by a separate written Non-Disclosure Agreement (NDA), Trendio Marketing may publicly reference the Client relationship.
16. WEBSITE OWNERSHIP AND DOMAIN TRANSFER
Unless otherwise expressly stated in writing:Domain Ownership - The Client retains ownership of domain names registered in the Client's name. Upon termination of services, Trendio Marketing will reasonably cooperate in transferring domain control to the Client.
Domain Transfer Fee - If a refund is involved or administrative transfer work is required, Trendio Marketing may charge a Domain Transfer Administration Fee of One Hundred Fifty Dollars ($150.00). The transfer process shall not begin until all outstanding balances and applicable fees have been paid.
17. WEBSITE SOURCE CODE AND DEVELOPMENT ASSETS
The Client acknowledges and agrees that:
• Website source code remains the exclusive property of Trendio Marketing.
• Website frameworks remain the exclusive property of Trendio Marketing.
• Website themes, custom modules, plugins, automations, integrations, and development systems remain the exclusive property of Trendio Marketing.
• Internal development tools remain the exclusive property of Trendio Marketing.
Upon cancellation or termination, Trendio Marketing is not obligated to provide:
• Source code • Development files.
• Proprietary plugins.
• Backend systems.
• Internal documentation.
• Custom frameworks.
• Hosting infrastructure Only the domain name may be transferred pursuant to Section 16.
18. NO GUARANTEE OF MARKETING RESULTS
The Client acknowledges that marketing results depend upon numerous factors beyond the control of Trendio Marketing. Trendio Marketing does not guarantee:
• Revenue increases.
• Sales increases.
• Lead generation volume.
• Return on investment (ROI).
• Return on ad spend (ROAS).
• Customer acquisition.
• Search rankings.
• Website traffic.
• Social media growth.
• Brand awareness.
• Advertising approval.
• Advertising performance.
All services are provided using commercially reasonable efforts. Past performance shall not be interpreted as a guarantee of future results.
19. THIRD-PARTY PLATFORMS
Trendio Marketing may utilize third-party services including but not limited to:
• Meta.
• Facebook.
• Instagram.
• Google.
• YouTube.
• TikTok.
• LinkedIn.
• Stripe.
• Twilio.
• GoHighLevel.
• OpenAI.
• Website hosting providers.
• Analytics providers.
Trendio Marketing is not responsible for:
• Account suspensions.
• Advertising rejections.
• Algorithm changes.
• Platform outages.
• Policy changes.
• Account restrictions.
• Platform-imposed fees
The Client assumes all risks associated with third-party platforms.
20. ADVERTISING SPEND
Unless expressly stated otherwise in writing, advertising spend is separate from Trendio Marketing service fees. The Client is solely responsible for:
• Meta ad spend.
• Google ad spend.
• TikTok ad spend.
• Boosted posts.
• Platform fees.
• Media buying expenses.
Advertising budgets paid to third-party platforms are non-refundable. Trendio Marketing does not control third-party billing systems.
21. CHARGEBACKS AND PAYMENT DISPUTES
The Client agrees not to initiate chargebacks, ACH disputes, payment reversals, or banking claims for:
• Services already rendered.
• Deliverables already provided.
• Subscription periods already provided.
• Campaigns already launched.
• Consultations already performed.
• Work already completed.
The Client agrees to first provide written notice and a reasonable opportunity for Trendio Marketing to resolve any billing dispute. If the Client initiates a chargeback or payment dispute in violation of these Terms, Trendio Marketing reserves the right to:
• Immediately suspend services.
• Terminate services.
• Pursue collection efforts.
• Recover attorneys' fees.
• Recover collection costs.
• Recover damages permitted by law.
22. CONFIDENTIALITY
Each party agrees to protect confidential information received from the other party.Confidential information includes:
• Business plans
• Marketing strategies.
• Financial information.
• Trade secrets.
• Customer information.
• Proprietary systems.
• Internal processes.
This obligation survives termination of the relationship. Confidential information does not include information that:
• Is publicly available.
• Was independently developed.
• Was lawfully obtained from a third party.
• Is required to be disclosed by law.
23. ACCEPTABLE USE
The Client agrees not to use Trendio Marketing's services, websites, software, systems, content, or deliverables for any unlawful purpose. The Client shall not:
• Violate any applicable law or regulation.
• Infringe intellectual property rights.
• Engage in fraudulent conduct.
• Distribute malware, viruses, or harmful code.
• Submit false or misleading information.
• Use services for unlawful advertising activities.
• Interfere with the operation of Trendio Marketing systems.
• Attempt unauthorized access to accounts or systems.
• Misrepresent affiliation with Trendio Marketing.
• Use services in a manner that may damage the reputation of Trendio Marketing.
Trendio Marketing reserves the right to suspend or terminate services for violations of this Section.
24. COMPLIANCE WITH LAWS
The Client is solely responsible for ensuring that its business operations, products, services, promotions, advertisements, offers, and communications comply with all applicable federal, state, local, and international laws. Trendio Marketing shall not be responsible for determining whether the Client's business practices comply with applicable laws or regulations.
The Client remains solely responsible for:
• Consumer protection compliance.
• Advertising compliance.
• Industry-specific regulations.
• Licensing requirements.
• Privacy compliance.
• Marketing disclosures.
• Promotional rules.
• Sweepstakes and giveaway compliance.
• SMS compliance.
• Email compliance.
25. DISCLAIMER OF WARRANTIES
ALL SERVICES, SOFTWARE, CONTENT, WEBSITES, SYSTEMS, DELIVERABLES, AND MATERIALS PROVIDED BY TRENDIO MARKETING ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDIO MARKETING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
• MERCHANTABILITY.
• FITNESS FOR A PARTICULAR PURPOSE.
• NON-INFRINGEMENT.
• TITLE • ACCURACY.
• COMPLETENESS.
• AVAILABILITY.
• PERFORMANCE TRENDIO MARKETING DOES NOT WARRANT THAT:
• SERVICES WILL BE UNINTERRUPTED;
• SERVICES WILL BE ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• RESULTS WILL MEET CLIENT EXPECTATIONS;
• THIRD-PARTY PLATFORMS WILL REMAIN AVAILABLE;
• CAMPAIGNS WILL PRODUCE SPECIFIC RESULTS.
ANY RELIANCE ON SERVICES OR DELIVERABLES IS AT THE CLIENT'S SOLE RISK.
26. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDIO MARKETING, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR:
• LOST PROFITS;
• LOST REVENUE;
• LOST DATA;
• LOST BUSINESS OPPORTUNITIES;
• LOSS OF GOODWILL;
• BUSINESS INTERRUPTION;
• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• CONSEQUENTIAL DAMAGES;
• EXEMPLARY DAMAGES;
• PUNITIVE DAMAGES;
• SPECIAL DAMAGES.
REGARDLESS OF THE LEGAL THEORY ASSERTED. IN NO EVENT SHALL TRENDIO MARKETING'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO TRENDIO MARKETING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF NO FEES HAVE BEEN PAID, TRENDIO MARKETING'S MAXIMUM LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THE LIMITATIONS OF THIS SECTION APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
27. INDEMNIFICATION
The Client agrees to indemnify, defend, and hold harmless Trendio Marketing and its officers, members, employees, contractors, affiliates, successors, and assigns from and against any and all:
• Claims
• Lawsuits
• Damages
• Judgments
• Penalties
• Liabilities
• Costs.
• Expenses.
• Attorneys' fees
Arising out of or related to:
• Client content;
• Client advertisements;
• Client products or services;
• Client violations of law;
• Client misuse of services;
• Client breach of these Terms;
• Client negligence or misconduct;
• Intellectual property claims relating to Client-provided materials.
This obligation survives termination of the relationship.
28. FORCE MAJEURE
Trendio Marketing shall not be liable for any delay, interruption, or failure to perform caused by circumstances beyond its reasonable control, including but not limited to:
• Natural disasters;
• Fire;
• Flood;
• Pandemic;
• Epidemic;
• Government actions;
• Internet outages;
• Utility failures;
• Labor disputes;
• Cyberattacks;
• Hosting outages;
• Third-party platform outages;
• War;
• Terrorism;
• Civil unrest.
Performance shall be suspended for the duration of such event.
29. SUSPENSION OF SERVICES
Trendio Marketing may suspend services immediately if:
• Payment is overdue;
• ACH transactions fail;
• Fraud is suspected;
• The Client violates these Terms;
• The Client engages in unlawful conduct;
• The Client creates reputational risk to Trendio Marketing.
No refund shall be owed during a suspension period caused by Client conduct.
30. TERMINATION
Trendio Marketing may terminate services immediately upon written notice if:
• The Client breaches these Terms;
• The Client fails to pay amounts due;
• The Client engages in fraudulent activity;
• Continued performance becomes commercially impractical;
• Required third-party services become unavailable.
Termination shall not relieve the Client of outstanding payment obligations. All provisions intended to survive termination shall survive termination.
31. ELECTRONIC COMMUNICATIONS
The Client consents to receive communications electronically, including:
• Invoices.
• Service notifications.
• Legal notices.
• Policy updates.
• Account communications.
• Marketing communications.
Electronic communications shall satisfy any legal requirement that communications be in writing.
32. RECORDINGS AND COMMUNICATIONS
Trendio Marketing may record:
• Meetings.
• Video conferences.
• Training sessions.
• Strategy calls.
• Support calls.
for quality assurance, training, documentation, security, and business purposes. The Client consents to such recordings where permitted by law.
33. ASSIGNMENT
The Client may not assign or transfer any rights or obligations under these Terms without prior written consent from Trendio Marketing. Trendio Marketing may assign its rights and obligations without restriction.
34. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
35. EXCLUSIVE JURISDICTION AND VENUE
Any dispute, claim, controversy, action, or proceeding arising out of or relating to these Terms, the services, or the relationship between the parties shall be brought exclusively in the state or federal courts located in Texas. The parties irrevocably consent to the jurisdiction of such courts. The Client waives any objection based on:
• Personal jurisdiction;
• Venue;
• Forum non conveniens.
36. ATTORNEYS' FEES
In any action arising from these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, collection costs, and related expenses.37. NO WAIVERFailure by Trendio Marketing to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
38. SEVERABILITY
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.
39. ENTIRE AGREEMENT
These Terms, together with:
• Privacy Policy;
• Refund Policy;
• Subscription Policy;
• Service Agreements;
• Invoices;
• Statements of Work;
• Written Amendments;
constitute the entire agreement between the parties and supersede all prior discussions, negotiations, representations, and agreements.
40. MODIFICATIONS
Trendio Marketing reserves the right to update, revise, modify, or replace these Terms at any time. Updated Terms become effective upon posting to the Company's website unless otherwise stated. Continued use of services constitutes acceptance of any revised Terms.
41. CONTACT INFORMATION
If you have any questions regarding these Terms & Conditions, please contact:
DM Marketing Services, LLC
DBA Trendio Marketing
3505 Prato Ln.
Temple, TX 76502-8106
United States
Email: trendio@fideliamkt.com
Website: www.trendiomarketing.com