Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") constitute an agreement between you and Suncoast Local Media ("Suncoast Local Media," "we," "us," or "our").

These Terms apply to your access to and use of our websites, services, software, integrations, marketing services, analytics services, and our marketing intelligence platform, Suncoast IQ.

By accessing or using our services, creating an account, authorizing an integration, or otherwise using Suncoast IQ, you agree to be bound by these Terms.

If you do not agree to these Terms, you should not use our services.

2. About Suncoast Local Media and Suncoast IQ

Suncoast Local Media provides website design, digital marketing, analytics, consulting, search engine optimization, and related digital services.

Suncoast IQ is a marketing intelligence platform designed to help businesses understand marketing activity, customer acquisition, website performance, online visibility, advertising performance, customer enquiries, and related business information.

Suncoast IQ may analyze information from websites, user-provided data, and authorized third-party integrations and present reports, findings, recommendations, alerts, summaries, and other marketing intelligence.

3. Eligibility and Authority

You must be legally capable of entering into a binding agreement to use our services.

If you use Suncoast IQ on behalf of a company, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

You are responsible for ensuring that anyone you authorize to access your account complies with these Terms.

4. Accounts

Certain features may require an account.

You agree to provide accurate, complete, and current account information and to keep your login credentials secure.

You are responsible for activity that occurs through your account, except to the extent caused by our own unauthorized actions or security failures.

You should notify us promptly if you believe your account has been accessed or used without authorization.

5. Third-Party Integrations

Suncoast IQ may allow you to connect accounts, properties, or services provided by third parties.

These may include services such as:

• Google Business Profile
• Google Analytics
• Google Search Console
• Google Ads
• Website platforms
• Customer relationship management systems
• Advertising platforms
• Analytics platforms
• Other supported business or marketing services

You may only connect accounts, properties, or data that you own, control, or are authorized to access.

By connecting a third-party service, you authorize Suncoast IQ to access and use permitted information from that service solely as necessary to provide the requested functionality.

Your use of third-party services may also be governed by the terms and policies of those third parties.

6. Google Services

If you connect a Google service to Suncoast IQ, your use of that integration is also subject to applicable Google terms, policies, permissions, and API requirements.

Suncoast IQ does not obtain access to your Google account or Google business data unless you explicitly authorize that access.

You may revoke Suncoast IQ's authorized Google access through your Google Account settings or through Suncoast IQ where a disconnect feature is available.

Our handling of information received through Google APIs is further described in our Privacy Policy.

7. User Data and Business Data

As between you and Suncoast Local Media, you retain ownership of the business information, content, account information, customer information, marketing information, and other data you provide or authorize Suncoast IQ to access ("User Data").

You grant us a limited right to access, process, store, organize, analyze, reproduce, and otherwise use User Data solely as reasonably necessary to provide, secure, maintain, support, and improve the services you request.

You represent that you have all rights, permissions, and lawful bases necessary to provide or authorize access to User Data.

8. Customer and Lead Information

Suncoast IQ may process information relating to leads, customers, enquiries, website visitors, transactions, or other business activity when such information is provided by you or obtained through an authorized integration.

You are responsible for ensuring that your collection and use of such information complies with applicable privacy, marketing, consumer protection, and communications laws.

Suncoast IQ does not independently determine whether you have the right to collect or process information that you provide to the service.

9. Acceptable Use

You agree not to use our services to:

• Violate applicable law or regulation
• Access accounts or information without authorization
• Misrepresent your identity or authority
• Infringe intellectual property or privacy rights
• Transmit malware, malicious code, or harmful software
• Attempt to bypass security or access controls
• Interfere with the operation of our services
• Probe or test our systems without authorization
• Use automated means to overload or disrupt the service
• Use the service for unlawful surveillance or profiling
• Use the service to facilitate fraud, deception, or abuse
• Use data obtained through Suncoast IQ in violation of applicable third-party platform policies

10. Marketing Intelligence and Recommendations

Suncoast IQ is designed to provide marketing intelligence, recommendations, analysis, and decision-support information.

Findings and recommendations may be based on data obtained from your website, authorized integrations, third-party platforms, historical observations, user-provided information, market data, and automated analysis.

Marketing performance is affected by many factors outside our control, including market conditions, competition, platform changes, search algorithms, customer behavior, advertising costs, business operations, pricing, reputation, and execution.

11. Data Accuracy and Availability

We aim to provide accurate and useful information, but information supplied by users, third-party services, APIs, websites, advertising platforms, analytics services, search engines, and other sources may be incomplete, delayed, inaccurate, unavailable, or subject to change.

Suncoast IQ may indicate when information is unavailable, incomplete, stale, estimated, or otherwise limited where reasonably practical.

You are responsible for evaluating recommendations and business decisions before acting on them.

12. Artificial Intelligence and Automated Analysis

Some features may use automated systems, algorithms, or artificial intelligence to analyze information and generate summaries, recommendations, classifications, or other outputs.

Automated outputs may contain errors or may not account for every fact relevant to your business.

You should use appropriate business judgment when relying on automated recommendations or analyses.

13. Intellectual Property

Suncoast Local Media and its licensors retain all rights, title, and interest in Suncoast IQ and our websites, software, designs, interfaces, systems, source code, algorithms, documentation, branding, trademarks, and other proprietary materials, excluding User Data.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the services for your internal business purposes.

You may not copy, reverse engineer, decompile, sell, sublicense, redistribute, reproduce, or create derivative products from the service except as permitted by law or expressly authorized by us.

14. Feedback

If you provide suggestions, ideas, feedback, or recommendations regarding our services, you grant us the right to use that feedback without restriction or compensation to you, provided that doing so does not give us ownership of your confidential business information or User Data.

15. Fees and Paid Services

Certain services or features may require payment.

Pricing, billing intervals, payment obligations, service periods, cancellation terms, and other commercial terms may be described in an order form, proposal, subscription page, statement of work, or other agreement presented to you.

If separate written commercial terms conflict with these Terms, the separate written terms will control with respect to that conflict.

16. Trials, Pilots, and Beta Features

We may offer free trials, pilot programs, experimental features, beta functionality, or early-access services.

Such services may be modified, limited, discontinued, or made unavailable at any time and may contain errors or incomplete functionality.

Unless otherwise agreed in writing, trial, beta, pilot, and experimental services are provided on an "as available" basis.

17. Service Availability

We aim to maintain reliable services but do not guarantee uninterrupted or error-free operation.

Service availability may be affected by maintenance, third-party outages, API changes, platform restrictions, internet conditions, security events, software updates, or circumstances outside our reasonable control.

We may modify, suspend, or discontinue portions of the service when reasonably necessary.

18. Third-Party Services

Our services depend in part on third-party platforms, APIs, software, hosting providers, analytics providers, advertising systems, search engines, and other services.

We do not control these third-party services and are not responsible for changes, outages, restrictions, errors, discontinuations, policy changes, or other actions by those providers.

A third-party provider may revoke, limit, change, or discontinue API or account access at any time.

19. Suspension and Termination

We may suspend or terminate access to our services if we reasonably believe that:

• You materially violate these Terms
• Your use creates a security or legal risk
• Your use threatens the operation of our services
• You use the service fraudulently or unlawfully
• Required fees remain unpaid
• A third-party platform requires us to restrict access

You may stop using the service at any time, subject to any applicable contractual or payment obligations.

20. Effect of Termination

Following termination or expiration, your right to use the service may end.

We may retain certain information as described in our Privacy Policy or where reasonably necessary for legal, security, backup, dispute, accounting, or operational purposes.

Provisions that by their nature should survive termination will remain in effect, including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute provisions.

21. Disclaimer of Warranties

To the maximum extent permitted by applicable law, our websites, software, services, analyses, integrations, and recommendations are provided on an "as is" and "as available" basis.

We disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, and any warranties arising from course of dealing or usage of trade to the extent permitted by law.

We do not warrant that the services will be uninterrupted, error-free, completely secure, or that any marketing recommendation will produce a particular result.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Suncoast Local Media and its owners, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings arising from or relating to the services.

To the maximum extent permitted by applicable law, our aggregate liability arising from or relating to the services will not exceed the amount you paid to Suncoast Local Media for the applicable service during the twelve months immediately preceding the event giving rise to the claim.

If you have not paid Suncoast Local Media for the applicable service, our aggregate liability will not exceed one hundred U.S. dollars ($100), to the extent permitted by applicable law.

23. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Suncoast Local Media and its owners, employees, contractors, affiliates, and service providers from claims, damages, liabilities, losses, and reasonable expenses arising from:

• Your unlawful use of the services
• Your material violation of these Terms
• Your unauthorized access to third-party accounts or information
• Your violation of applicable law
• Your infringement of third-party rights
• User Data you provide where you lack the necessary rights or permissions

24. Confidentiality

In connection with certain services, either party may receive non-public business, technical, financial, customer, marketing, or operational information belonging to the other party.

Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the applicable business relationship, except where disclosure is required by law or otherwise authorized.

Information that is publicly available, independently developed, lawfully obtained from another source without confidentiality restrictions, or already known without restriction is not considered confidential information under this section.

25. Privacy

Our collection, use, storage, and sharing of personal information and Google user data is governed by our Privacy Policy.

Our Privacy Policy is incorporated into these Terms by reference.

26. Changes to the Services

We may improve, modify, add, remove, replace, or discontinue features of our services over time.

We may also modify integrations in response to third-party API changes, security requirements, platform policies, legal requirements, product improvements, or other operational considerations.

27. Changes to These Terms

We may update these Terms periodically to reflect changes in our services, business practices, integrations, technology, or applicable legal requirements.

When changes are made, we will post the updated Terms on this page and revise the "Last updated" date.

Where appropriate, we may provide additional notice of material changes.

Continued use of the services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

28. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable law requires otherwise.

29. Venue and Disputes

Subject to applicable law, disputes arising from or relating to these Terms or the services will be brought in the state or federal courts having jurisdiction in St. Johns County, Florida, and the parties consent to the jurisdiction of those courts.

Nothing in this section prevents either party from seeking appropriate injunctive or equitable relief where legally available.

30. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

31. Waiver

A failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

32. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or transfer of the applicable business or service.

33. Entire Agreement

These Terms, together with our Privacy Policy and any applicable order form, proposal, statement of work, subscription agreement, or other written agreement, constitute the agreement governing your use of the applicable services.