Terms of Service

Digital Optimizer LLC · Last updated: August 20, 2026

These Terms of Service ("Terms") govern your use of the websites digitaloptimizer.agency, digitaloptimizer.app, and johangarcia.com (the "Sites") and, unless superseded by a signed services agreement, the marketing services and AI media buying platform (the "Platform") provided by Digital Optimizer LLC ("Digital Optimizer," "we," "us"), a Wyoming limited liability company. By using the Sites or engaging our services, you agree to these Terms.

1. Services

Digital Optimizer provides performance-marketing services, including paid media strategy, campaign management, conversion optimization, analytics, and reporting, as well as access for clients to the Platform at digitaloptimizer.app, which assists with campaign evaluation, budget decisions, and reporting using data from the client's own advertising and CRM accounts. The specific scope, fees, and term of any client engagement are set out in a separate services agreement or order form, which controls if it conflicts with these Terms.

2. Client accounts and authorization

Clients grant us authorization to access and operate their advertising accounts (for example Google Ads and Meta) and connected CRM systems solely to deliver contracted services. The client retains ownership of its accounts, data, audiences, and creative assets. We retain ownership of our methodologies, software, and the Platform. Either party may revoke account access upon termination of the engagement.

3. Platform use

Where the Platform is made available to a client, the client receives a limited, non-exclusive, non-transferable right to use it during the engagement for its own business purposes. The client agrees not to resell, sublicense, reverse engineer, or use the Platform to build a competing product, and not to upload data it lacks the rights or consents to use.

4. Fees and payment

Fees are set out in the applicable services agreement. Unless stated otherwise, retainers are billed monthly in advance, media spend is paid by the client directly to the advertising platforms, and late amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

5. Performance disclaimer

Advertising outcomes depend on factors outside our control, including platform algorithms, market conditions, and the client's own sales process. Except as expressly stated in a signed agreement, we do not guarantee any specific results, rankings, costs, or revenue. Historical figures shown on the Sites are illustrative of past work and are not promises of future performance.

6. Confidentiality and data

Each party will protect the other's non-public information with reasonable care and use it only for the engagement. Our handling of personal information is described in our Privacy Policy. Each client's data is kept logically separated and is never shared with other clients.

7. Acceptable use

You may not use the Sites or Platform to violate any law or advertising platform policy, infringe intellectual property, transmit malware, or attempt to gain unauthorized access to our systems or other clients' data. We may suspend access to protect the integrity of our systems or comply with platform policies.

8. Intellectual property

The Sites, Platform, and all associated software, content, and trademarks are owned by Digital Optimizer or its licensors. Deliverables created specifically for a client are assigned or licensed as set out in the applicable services agreement.

9. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, or punitive damages, or lost profits or revenue. Our total aggregate liability arising out of the Sites, the Platform, or the services is limited to the fees paid to us in the three (3) months preceding the event giving rise to the claim. Nothing in these Terms limits liability for fraud, willful misconduct, or amounts that cannot be limited by law.

10. Indemnification

The client will indemnify us against third-party claims arising from data, creative assets, or instructions the client provides, and from the client's products or services. We will indemnify the client against third-party claims that the Platform, as provided by us, infringes their intellectual property rights.

11. Termination

Engagement terms and notice periods are set out in the applicable services agreement. We may suspend or terminate access to the Sites or Platform for material breach of these Terms. Sections that by their nature should survive termination (including confidentiality, limitation of liability, and payment obligations) survive.

12. Governing law

These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. The parties will first attempt in good faith to resolve any dispute informally; unresolved disputes will be brought in the state or federal courts of competent jurisdiction, and each party consents to their jurisdiction.

13. Changes

We may update these Terms from time to time. The "Last updated" date reflects the most recent revision. Continued use of the Sites or Platform after changes take effect constitutes acceptance.

14. Contact

Digital Optimizer LLC
Email: support@digitaloptimizer.agency