Terms of Service
Last Updated: February 2026
1. Agreement to Terms
By accessing or using the website zenpandamarketing.com (the "Website") operated by Zen Panda Marketing ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after any changes constitutes your acceptance of the new Terms.
2. Services Overview
Zen Panda Marketing provides digital marketing services including, but not limited to:
- Custom website design and development
- Paid media management (Google Ads, Meta Ads, etc.)
- Link building and SEO services
- Marketing strategy and consulting
Specific services, deliverables, timelines, and fees will be outlined in a separate service agreement or proposal provided to you before work begins.
3. Use of the Website
You agree to use this Website only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Website in any way that violates any applicable federal, state, local, or international law or regulation.
- Attempt to gain unauthorized access to any portion of the Website, or any systems or networks connected to the Website.
- Use any robot, spider, or other automatic device to access the Website for any purpose without our express written permission.
- Introduce any viruses, trojan horses, worms, or other harmful material.
- Interfere with the proper working of the Website.
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Zen Panda Marketing, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except for personal, non-commercial use.
5. Client Work and Ownership
For clients engaging our services:
- Work Product: Upon full payment, clients receive ownership rights to final deliverables as specified in the service agreement.
- Portfolio Rights: We reserve the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.
- Third-Party Assets: Any third-party assets (stock photos, fonts, plugins, etc.) remain subject to their respective licenses.
- Source Files: Ownership of source files, development code, and working files will be specified in your service agreement.
6. Payments and Refunds
Payment terms, amounts, and schedules will be outlined in your service agreement or proposal. General terms include:
- Deposits are typically required before work begins and are non-refundable.
- Payments are due according to the schedule in your agreement.
- Late payments may result in work stoppage and/or additional fees.
- Refunds for completed work are not provided. Refunds for incomplete work will be handled on a case-by-case basis.
7. Confidentiality
We take confidentiality seriously. Any confidential information shared with us (including business strategies, login credentials, financial data, and proprietary information) will be kept confidential and used only for the purpose of providing our services. We will not disclose confidential information to third parties without your consent, except as required by law or to fulfill our service obligations.
8. Third-Party Platforms
Our services may involve third-party platforms (Google Ads, Meta, Shopify, etc.). You acknowledge that:
- These platforms have their own terms of service that you must comply with.
- We are not responsible for changes to third-party platform policies, algorithms, or pricing.
- Performance on these platforms is subject to factors outside our control.
- Ad spend budgets are paid directly to the platforms and are separate from our service fees.
9. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee specific results from our marketing services. Results depend on many factors including market conditions, competition, and client cooperation.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZEN PANDA MARKETING, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITE OR OUR SERVICES.
Our total liability for any claims arising from our services shall not exceed the total amount paid by you for those services in the twelve (12) months preceding the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless Zen Panda Marketing and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
12. Termination
We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Termination of service agreements will be handled according to the terms specified in your individual agreement.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Los Angeles County, California.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
15. Contact Information
If you have any questions about these Terms of Service, please contact us at:
legal@zenpandamarketing.com