Terms of Service

1. The Service

Out Market Them builds, launches, and manages Meta (Facebook and Instagram) ad campaigns on behalf of clients for a flat weekly fee of $100, with no long-term contract. The Service includes campaign setup, creative direction within an agreed scope, ongoing management, and reporting.

The weekly fee includes up to two (2) active campaigns at any one time. Additional campaigns beyond the included two are billed at an extra $20 per week, per campaign, charged on the same weekly cycle as the base fee.

2. Minimum ad spend requirement

The Service requires a minimum daily Meta ad spend of $30 per day, funded directly from your Meta ad account. This is separate from our management fee and is billed by Meta, not by us. Without sufficient daily ad spend, campaigns cannot generate meaningful results and the 14-Day Lead Guarantee (clause 5) will not apply. We will notify you if your ad account balance or spend rate falls below this threshold.

3. Billing and cancellation

• Billing commences on sign up. The first weekly fee is charged when you sign up for the Service, and recurring weekly billing continues until you cancel.
• Fees are charged in advance. Subject to your rights under applicable consumer protection laws and clause 5, fees are non-refundable.
• You can cancel at any time. Cancellation takes effect at the end of the current billing period and stops all future charges. No lock-in contracts, no cancellation fees.
• Ad spend is billed directly by Metato your own ad account and is entirely separate from our weekly fee. We do not control, markup, or invoice Meta's charges.

4. Our obligations

We commit to:

• Build and launch your Meta ad campaigns within approximately 7 days of receiving all required assets and access from you.
• Manage campaigns actively, monitoring performance, making optimizations, and communicating material changes to you.
• Deliver ad creatives for your review and approval before publishing, and incorporate one round of revisions per creative at no extra charge.
• Notify you promptly if your campaigns are suspended, restricted, or underperforming against agreed targets.
• Provide access to performance reporting on request and through our client portal.
• Return full control of your Meta ad account and any shared assets to you upon cancellation or termination, without delay.

5. 14-Day Lead Guarantee

We guarantee at least one (1) qualifying lead within 14 days of campaign launch, subject to the conditions below.

• The 14-day window starts on the date a campaign is actively running and serving impressions on Meta. It does not start on sign up.
• A “lead” means a contactable inquiry generated through the Meta campaigns we manage for you (for example a form submission, lead-form completion, or qualifying message), as recorded by Meta or our reporting tools.
• The guarantee applies when a minimum daily ad spend of $30/day is maintained for the full 14-day window with no pauses or budget reductions initiated by you, and no Meta account suspensions or policy actions outside our control.
• If we do not deliver at least one qualifying lead within the 14-day window under the conditions above, you may request, by emailing ben@outmarketthem.com, a full refund of management fees paid from the date of campaign launch through the end of the 14-day window. Meta ad spend is not refundable by us.
• Refund requests must be submitted within 7 days of the end of the 14-day window. This guarantee is the sole remedy for not meeting the 14-day lead target.

6. Campaign launch timing

Our target time to launch a campaign is within 24 hours from the date we receive all required assets and access from you (ad account access, Facebook page, brand materials, offer details, and creative approvals). Launch timing is an estimate and is not guaranteed. Delays caused by missing client inputs, Meta account restrictions, or other third-party factors are outside our control and do not trigger any fee adjustment.

7. Your responsibilities

• Provide timely access to your Meta Business Manager, Facebook page, Instagram account, ad account, and any brand or offer materials we need to launch and manage campaigns.
• Maintain a funded payment method on your Meta ad account sufficient to sustain the agreed daily budget.
• Review and approve ad creatives within a reasonable timeframe. Delays in approval may push back launch dates.
• Respond to leads and to our requests for input promptly. Lead conversion, follow-up, and sales outcomes are entirely your responsibility.
• Ensure the products, services, and claims in your ads comply with Meta's Advertising Policies and all applicable federal and state laws, including consumer protection and fair trading laws.

8. Ad account ownership

Your Meta ad account, all campaign data, lead data, and audience data within it remain your property at all times. We act as a manager on your account. We do not take ownership of, transfer, or hold your account or its data. On cancellation or termination we will remove our access within 48 hours of your request.

9. No guarantee of results beyond clause 5

Other than the 14-Day Lead Guarantee in clause 5, we make no guarantees about advertising performance, lead volume, conversion rates, sales, revenue, reach, or any other outcome. Advertising results depend on many factors outside our control, including your offer, market conditions, pricing, landing page, follow-up speed, and Meta's ad delivery system.

10. Intellectual property

You retain full ownership of your brand, logo, content, and customer data. We retain ownership of our internal processes, systems, and tooling. Ad creative we produce for your campaigns is yours to keep and use freely, including after the engagement ends. We may use anonymized, aggregated campaign performance data internally to improve the Service.

11. Confidentiality

Each party will keep the other's non-public business information confidential and use it only to perform or receive the Service. This obligation survives termination for two years.

12. Consumer protection

Nothing in these Terms excludes, restricts, or modifies any right or remedy you may have under applicable federal or state consumer protection laws that cannot be excluded by agreement. Where such a right cannot be excluded, our liability for a breach is limited, to the extent permitted by law, to re-supplying the Service or paying the cost of having the Service re-supplied.

13. Limitation of liability

Subject to clause 12, Out Market Them LLC's total liability arising out of or relating to the Service is limited to the total management fees you paid us in the 90 days before the event giving rise to the claim. We are not liable for indirect, incidental, special, or consequential damages, lost profits, lost revenue, or loss of data.

14. Dispute resolution

If a dispute arises, please contact us first at ben@outmarketthem.com and we will make a genuine effort to resolve it within 14 days. If we cannot agree, either party may refer the dispute to mediation before commencing legal proceedings.

15. Termination

Either party may terminate the engagement at any time with written notice (email is sufficient). On termination we will return all ad account access, provide a handover summary of active campaigns, and stop future charges. Fees already charged for the current billing period are non-refundable except as set out in clause 5.

16. Governing law

These Terms are governed by the laws of the State of Wyoming, United States. Both parties submit to the non-exclusive jurisdiction of the courts of Wyoming.

17. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email at least 14 days before they take effect, and the “Last updated” date will change. Continuing to use the Service after that date constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms? Email ben@outmarketthem.com.