My KPI Marketing
Effective Date: April 15, 2026

1. Acceptance of Terms

By accessing and using the services provided by My KPI Marketing (“Company,” “we,” “us,” or “our”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please do not use our services.

These Terms apply to all services provided by My KPI Marketing, including but not limited to:

  • Digital marketing services
  • SMS/text message marketing campaigns
  • Email marketing campaigns
  • Phone outreach services
  • Lead generation services
  • Marketing strategy and consulting

2. Services Description

2.1 Core Services

My KPI Marketing provides comprehensive digital marketing services designed to help healthcare practices (dental practices, medical practices, cosmetic surgery centers, etc.) attract more patients and grow their business.

Our services include:

  • Search engine optimization (SEO)
  • Google Ads management
  • Social media marketing
  • Email marketing campaigns
  • SMS/text message marketing campaigns
  • Lead generation and prospecting
  • Marketing strategy and consulting
  • Performance tracking and reporting

2.2 SMS/Text Message Marketing

Our SMS services are provided through Twilio and include:

  • Sending promotional and informational text messages
  • Appointment reminders
  • Follow-up messages
  • Marketing campaigns
  • Customer engagement messages

Important: SMS messages are sent to mobile phone numbers provided by your customers with their explicit consent.

3. Client Responsibilities

3.1 Accuracy of Information

You agree to provide accurate and complete information about your business, including:

  • Business name and address
  • Contact information
  • Business type and specialties
  • Target market information
  • Website and social media information

3.2 Consent and Compliance

  • All phone numbers used for SMS campaigns have been obtained with explicit consent
  • You have the right to contact individuals on your contact list
  • You comply with all applicable laws and regulations
  • You will honor opt-out requests immediately

3.3 Content Responsibility

  • Accuracy of all marketing content
  • Compliance with applicable laws
  • No false or misleading information
  • All necessary approvals obtained
  • Compliance with industry regulations (HIPAA, etc.)

3.4 Payment and Billing

  • Pay all invoices on time
  • Provide accurate billing information
  • Notify of billing errors immediately
  • Maintain valid payment methods

4. SMS/Text Message Marketing Terms

4.1 TCPA Compliance

My KPI Marketing operates in compliance with the Telephone Consumer Protection Act (TCPA). You acknowledge and agree to the following:

  • Obtain explicit, documented consent before sending SMS messages
  • Maintain consent records for at least 3 years
  • Do not use purchased or scraped lists without consent
  • Honor opt-out requests immediately
  • Include “Reply STOP to opt out” in every message
  • Send messages only between 8:00 AM – 9:00 PM (local time)
  • Include clear sender identification and contact info

4.2 CAN-SPAM Compliance

You agree to comply with the CAN-SPAM Act for all email campaigns, including:

  • Accurate subject lines
  • Clear identification as an advertisement
  • Valid physical mailing address
  • Functional unsubscribe links
  • Honoring unsubscribe requests within 10 business days

4.3 Do Not Call Compliance

  • Check numbers against the National Do Not Call Registry
  • Do not contact registered numbers
  • Maintain compliance records

4.4 Data Privacy and Security

  • All customer data is confidential
  • No data is sold or shared
  • Data is securely stored and protected
  • Data is deleted upon request or campaign completion

5. Limitations of Liability

5.1 No Guarantee of Results

My KPI Marketing does not guarantee results such as:

  • New customers or patients
  • Revenue increases
  • Search rankings
  • Traffic or conversions

5.2 Limitation of Damages

We are not liable for indirect or consequential damages. Total liability is limited to the amount paid for services in the month of the claim.

6. Intellectual Property

6.1 Your Content

  • Business name and branding
  • Website content
  • Marketing materials
  • Customer lists

6.2 Our Content

  • Marketing strategies
  • Reports and analytics
  • Templates and frameworks

7. Confidentiality

Both parties agree to maintain confidentiality of business, financial, and customer data.

8. Term and Termination

  • Month-to-month services unless otherwise stated
  • 30 days written notice for termination
  • Immediate termination for violations

9. Indemnification

You agree to indemnify My KPI Marketing against claims arising from your use of services or violations of these Terms.

10. Dispute Resolution

  • Good-faith negotiation first
  • Mediation before litigation
  • Binding arbitration if necessary
  • Governed by Florida law

11. Modifications to Terms

We may update these Terms at any time. Continued use of services constitutes acceptance.

12. Severability

If any provision is invalid, the remaining Terms remain in effect.

13. Entire Agreement

These Terms constitute the entire agreement between parties.

14. Contact Information

My KPI Marketing
Parrish, Florida 34219
Phone: (610) 329-8848
Email: Bryan@mykpi.co

15. SMS/Twilio Terms

  • No guarantee of SMS delivery
  • You are responsible for SMS costs
  • Compliance with Twilio Terms required

16. TCPA Acknowledgment

  • You understand TCPA requirements and penalties
  • You agree to maintain compliance and records

17. CAN-SPAM Acknowledgment

  • You understand CAN-SPAM requirements and penalties
  • You agree to comply fully

18. Insurance and Risk Management

  • Maintain liability insurance (recommended $1,000,000)
  • Assume risks associated with marketing activities

19. Warranty Disclaimer

No warranties are provided, including merchantability or fitness for a particular purpose.

20. Acknowledgment and Agreement

By using our services, you confirm that you have read, understood, and agreed to these Terms.

Last Updated: April 15, 2026
Version: 1.0

Appendix A: TCPA Compliance Checklist

  • Obtained consent from all SMS recipients
  • Maintained consent records
  • Included opt-out instructions
  • Honored opt-out requests
  • Checked Do Not Call Registry

Appendix B: CAN-SPAM Compliance Checklist

  • Accurate subject lines
  • Identified emails as advertisements
  • Included physical address
  • Functional unsubscribe links
  • Maintained suppression list