Terms and Conditions
Last updated: November 5, 2026
These Terms and Conditions ("Terms") govern your use of cakemarketing.ai (the "Site") and the services provided by Cake Marketing ("Cake," "we," "us"). By using the Site or engaging our services, you agree to these Terms.
Our services
Cake designs, builds and manages AI-assisted marketing systems, including outbound, paid advertising, SEO content, email and website work. The scope, deliverables, timeline and fees for each engagement are set out in a separate proposal, statement of work or agreement ("Agreement"). If an Agreement conflicts with these Terms, the Agreement controls.
Use of the Site
- You may use the Site for lawful purposes and to learn about our services.
- You may not attempt to disrupt the Site, gain unauthorized access to it, or copy its content for commercial use without our permission.
- Content on the Site, including examples and illustrations, is for general information only and may be changed at any time.
Client responsibilities
- Provide accurate information and timely access to the accounts, tools and approvals we need.
- Keep your own account credentials secure and maintain the subscriptions required for your tools.
- Make sure your marketing, offers and use of contact data comply with the laws that apply to you, including email, privacy and advertising rules.
- Review and approve content and campaigns before they go live, unless we agree otherwise in writing.
Ownership
Unless an Agreement says otherwise, once fees are paid in full you own the systems, workflows, content and data we create for you inside your accounts. We keep ownership of our pre-existing tools, templates, know-how and general methods, and we grant you a license to use any of them that are built into your deliverables. We may describe the type of work we did for you in general terms, without confidential details, unless you ask us not to.
Third-party platforms and AI tools
Our work relies on third-party platforms such as ad networks, CRMs, email providers and AI models. Those platforms are governed by their own terms, and we are not responsible for their availability, policy changes, pricing or performance. AI-generated output can contain errors, so it should be reviewed before use.
Fees and payment
Fees, billing schedules and payment terms are set out in each Agreement. Ad spend and third-party subscription costs are your responsibility unless the Agreement states otherwise. We may pause work on overdue accounts.
No guaranteed results
We work hard to improve your marketing performance, but results depend on many factors outside our control, including your offer, market conditions and third-party platforms. We do not guarantee specific results, such as leads, rankings, reply rates or revenue.
Confidentiality
Each party will keep the other's non-public business information confidential and use it only to perform or receive the services, except where disclosure is required by law.
Disclaimer
The Site and its content are provided "as is." To the fullest extent permitted by law, we disclaim all warranties not expressly stated in an Agreement, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Limitation of liability
To the fullest extent permitted by law, Cake will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the Site or our services is limited to the fees you paid us for the services giving rise to the claim during the three months before the claim arose.
Indemnity
You agree to indemnify and hold Cake harmless from claims arising from your content, your products or offers, your use of contact data, or your breach of these Terms or applicable law.
Termination
Either party may end an engagement as described in the Agreement. When an engagement ends, you keep the systems and data in your accounts, and you remain responsible for fees owed for work already performed.
Governing law
These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law rules. Any dispute will be resolved in the state or federal courts located in Boulder County, Colorado.
Changes to these Terms
We may update these Terms from time to time. The "Last updated" date above shows when they last changed. Continued use of the Site after changes means you accept the updated Terms.
Contact us
Cake Marketing
Boulder, Colorado, USA
[email protected]