Terms & Conditions
Last updated: March 26, 2026
By accessing or using the Motion MKTG website (motionmktg.com) and services, you ("you," "your," or "client") agree to be bound by the following Terms & Conditions. These terms constitute a legally binding agreement between you and Motion MKTG ("we," "us," or "our"). If you do not agree, please do not use our website or engage our services.
1. Use of This Website
By accessing motionmktg.com, you represent that you are at least 18 years of age and have the legal capacity to enter into this agreement. You agree not to:
- Use the website for any illegal, fraudulent, or unauthorized purpose
- Copy, scrape, reproduce, or redistribute any content from this website without written permission
- Submit false or misleading information through any form on this website
- Attempt to gain unauthorized access to any part of our systems or infrastructure
- Engage in any conduct that disrupts or interferes with the normal operation of the website
- Use automated tools to access, scrape, or interact with our website without express permission
2. Services
Motion MKTG provides digital marketing services including but not limited to SEO, paid advertising, branding, website development, AI automation, and marketing analytics.
Scope & Agreements
All ongoing services are governed by a separate written agreement (proposal, statement of work, or service agreement) executed between Motion MKTG and the client. That agreement supersedes any general terms on this website with respect to those specific services.
SEO & Marketing Audit Reports
Audit reports purchased through this website are digital information products delivered electronically. By purchasing an audit report, you acknowledge and agree to the following:
- Reports are generated using artificial intelligence (Anthropic's Claude API) combined with real-time web research of publicly available data
- Reports analyze publicly available information including your website, Google Business Profile, online reviews, social media presence, and competitor data
- Reports are provided for informational and educational purposes only and do not constitute professional consulting advice
- While we make reasonable efforts to ensure accuracy, reports are based on data available at the time of generation and may not capture every aspect of your online presence
- Scores, ratings, and recommendations are generated by AI analysis and represent estimates — they are not verified by human analysts unless separately engaged
- Reports are delivered via an interactive web-based report link sent to the email address you provide, with an optional PDF download
- You are responsible for providing accurate business information — inaccurate input may result in an inaccurate report
3. Pricing & Payment
- All prices on this website are listed in United States Dollars (USD) unless explicitly stated otherwise
- The SEO & Marketing Audit Report is priced at $46 USD, payable at the time of purchase
- Payment is processed securely via Stripe Inc. Motion MKTG does not collect, process, or store credit card information — all payment data is handled by Stripe's PCI-DSS Level 1 certified platform
- Detailed pricing and deliverables for ongoing services will be set out in a written agreement before work begins
- All fees are non-refundable once a digital product has been generated or delivered (see Section 4)
- Late or missed payments on ongoing service agreements may result in a pause or termination of services
- Canadian customers may be subject to applicable sales tax (HST/GST) as required by law
4. Refund & Cancellation Policy
SEO Audit Reports — No Refunds After Generation
Because SEO Audit Reports are custom digital products generated immediately upon payment, they are non-refundable once the report has been generated. By completing your purchase, you acknowledge and agree that:
- The report generation process begins automatically upon successful payment
- Each report is uniquely generated using AI-powered real-time web research specific to your business
- The computational cost of generating each report is incurred immediately and cannot be reversed
- Once the report has been generated and/or delivered, no refund will be issued under any circumstances
- This applies regardless of whether you have viewed, downloaded, or accessed the report
Before Generation
If you experience a payment error or wish to cancel before the report has been generated (i.e., before being redirected to the report page), contact us immediately at ray@motionmktg.com and we will review your case and issue a refund if the report has not yet been processed.
Billing Errors
If you believe there has been a billing error (duplicate charge, incorrect amount, etc.), contact us within 7 days at ray@motionmktg.com and we will investigate and resolve the issue promptly.
Ongoing Services
Refund eligibility for ongoing service retainers is governed by the specific service agreement between Motion MKTG and the client.
5. Consent & Electronic Communications
By submitting any form on our website, you agree to the following:
- You consent to receive transactional communications related to your purchase or inquiry (e.g., payment confirmations, audit report delivery, booking confirmations)
- If you checked the marketing consent checkbox, you additionally consent to receiving marketing communications, newsletters, tips, and promotional offers from Motion MKTG
- You may withdraw marketing consent at any time by clicking the unsubscribe link in any email or by contacting us directly
- Withdrawing marketing consent does not affect transactional communications related to active purchases or services
This consent is provided in compliance with Canada's Anti-Spam Legislation (CASL) and the U.S. CAN-SPAM Act.
6. Intellectual Property
All content on this website — including text, graphics, logos, designs, code, and marketing materials — is the property of Motion MKTG and is protected by applicable copyright and intellectual property laws in Canada and the United States.
You may not reproduce, republish, distribute, or create derivative works from any content on this website without prior written permission from Motion MKTG.
Audit Reports
Upon purchase, you are granted a non-exclusive, non-transferable license to use your audit report for your own internal business purposes. You may share the report with your team, partners, or advisors. You may not resell, redistribute, or publicly publish the report content.
Client Work
Creative work produced for clients under a separate service agreement becomes the client's property upon full payment, as outlined in the applicable agreement. Pre-existing tools, templates, methodologies, and frameworks developed by Motion MKTG remain our property.
7. Limitation of Liability
To the maximum extent permitted by applicable law in Canada and the United States, Motion MKTG, its owners, employees, and contractors will not be liable for:
- Loss of revenue, profits, data, or business opportunities
- Indirect, incidental, special, or consequential damages of any kind
- Service interruptions, third-party platform outages, or algorithm changes by Google, Meta, or other platforms
- Results from any marketing campaign, SEO strategy, or advertising program
- Decisions made based on information contained in audit reports or any other deliverable
- Inaccuracies in AI-generated audit reports due to incomplete, outdated, or unavailable public data
Our total aggregate liability to you for any and all claims arising from our website or services shall not exceed the total amount you have paid to Motion MKTG in the 90 days immediately preceding the claim.
8. No Guarantee of Results
Marketing and SEO results depend on many factors outside our control, including but not limited to market conditions, search engine algorithm changes, platform policy updates, client participation, content quality, competitive landscape, and consumer behavior.
Motion MKTG does not guarantee specific rankings, lead volumes, traffic numbers, conversion rates, or revenue outcomes. Audit report scores and recommendations are based on AI analysis of publicly available data and represent estimates at a point in time — they are not guarantees of future performance.
We commit to professional, good-faith, best-effort execution on every engagement.
9. Indemnification
You agree to indemnify and hold harmless Motion MKTG, its owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of our website or services
- Your violation of these Terms & Conditions
- Your violation of any applicable law or regulation
- Any false or misleading information you provide through our forms
10. Third-Party Links & Services
This website may contain links to third-party websites and integrates with third-party services (including Stripe, Google, Anthropic, and GoHighLevel). These links and integrations are provided for your convenience and to deliver our services. Motion MKTG has no control over the content, privacy practices, or availability of third-party sites and services, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
11. Dispute Resolution
In the event of any dispute arising from these terms or our services, both parties agree to first attempt to resolve the matter informally by contacting each other directly. If informal resolution is not successful within 30 days, the dispute will proceed as outlined below.
Governing Law
These Terms & Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Jurisdiction
Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts located in the Province of Ontario, Canada, unless otherwise agreed in a separate written agreement.
U.S. Customers
If you are located in the United States, you agree that these terms are governed by Ontario, Canada law and that any disputes will be resolved in Ontario courts. You waive any objection to personal jurisdiction or venue in Ontario for disputes related to these terms.
12. Severability
If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
13. Entire Agreement
These Terms & Conditions, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and Motion MKTG regarding your use of this website and purchase of digital products. These terms supersede all prior communications and proposals, whether oral or written, regarding the subject matter herein.
14. Changes to These Terms
We reserve the right to update these Terms & Conditions at any time. Changes will be effective immediately upon posting to this page, with an updated "Last updated" date. Your continued use of our website or services after any changes constitutes your acceptance of the updated terms. For material changes that significantly affect your rights, we will make reasonable efforts to notify you via email.
15. Contact Us
Questions about these terms? We're easy to reach.
Motion MKTG
7025 Markham Rd Suite 130, Markham, Ontario L3S 0C3, Canada
Email: ray@motionmktg.com
Phone: (888) 400-0763