Terms & Conditions

Effective Date: October 9, 2025


XP Marketing LLC ("XPM," "we," or "us") provides this website and our CRM/marketing platform (the "Platform") subject to these Terms & Conditions. By using our website, logging into the Platform, or working with us on a project, you ("you" or "Client") agree to these terms.



1. Our Services

XPM is a marketing agency providing CRM setup, marketing automation, pipeline management, and related digital infrastructure. Some services run through a software platform we manage on your behalf. We don't guarantee uninterrupted access or specific features beyond what's outlined in a signed proposal or statement of work.

2. Accounts

  • You must be 18 or older to use the Platform or work with us
  • You're responsible for keeping your login details private and for anything that happens under your account
  • Please give us accurate, current info when signing up or submitting a form


3. Your Responsibilities

If you're using the Platform to text or email your own customers or leads, you're responsible for:

  • Getting and keeping proper consent before sending marketing texts or emails, in line with the TCPA, CAN-SPAM Act, CTIA guidelines, and any other applicable law
  • The accuracy and legality of any contact lists or content you upload
  • Honoring opt-out requests (STOP, unsubscribe) right away
  • Making sure your use of the Platform doesn't break the law or anyone's rights


We build automations based on what you give us, but we don't independently verify your consent records or contact lists meet legal requirements — that part's on you.


4. Payment

Fees are set out in a separate proposal or invoice. Unless we've agreed otherwise in writing:

  • Invoices are due per the terms on the invoice
  • Recurring fees renew automatically unless you cancel per your agreement
  • Costs tied to text/email sending volume may be passed through or billed with a service margin, as we've disclosed to you
  • Late payment may pause your services


5. Acceptable Use

You agree not to use our website, Platform, or services to:

  • Send unsolicited messages in violation of the law
  • Share unlawful, defamatory, deceptive, or harmful content
  • Try to access systems or accounts without authorization
  • Disrupt or interfere with the Platform
  • Infringe anyone's intellectual property or privacy rights


We can suspend or cut off access if you violate this section.


6. Intellectual Property

Website content, along with any templates, workflows, or documentation we build, belongs to XPM or our licensors and can't be copied or distributed without permission. You keep ownership of your own business data, contact lists, and content in the Platform.


7. Third-Party Technology

Our Platform relies on third-party technology and infrastructure providers. XPM isn't responsible for outages, errors, or changes originating from these providers, though we'll make reasonable efforts to flag anything that materially affects your service.


8. No Warranties

Our website, Platform, and services are provided "as is," with no warranties of any kind. We don't promise the Platform will be uninterrupted, error-free, or fully secure.


9. Limitation of Liability

To the extent the law allows, XPM isn't liable for indirect, incidental, or consequential damages, or lost profits, revenue, or data, arising from your use of our website, Platform, or services. Our total liability for any claim is capped at what you paid us in the three months before the claim came up.


10. Indemnification

You agree to cover XPM for any claims, damages, or costs (including reasonable legal fees) arising from your use of the services, breaking these Terms, or violating any law or third party's rights — including claims tied to a failure to get proper consent for messages sent through the Platform.


11. Termination

We can suspend or end access for violating these Terms, non-payment, or as outlined in a separate services agreement. Some sections (6, 9, 10, and 13) stick around even after termination.


12. Changes to These Terms

We may update these Terms from time to time. Changes will be posted here with an updated effective date. Using our services after changes take effect means you accept the new Terms.


13. Governing Law

These Terms are governed by the laws of the State of Nebraska. Any disputes will be handled in state or federal courts located in Nebraska.


14. Contact Us

Questions about these terms?

Hit us up: https://www.xpm.agency/contact-us.