Zelaya's Marketing Systems
Zelaya's Marketing Systems Legal — Terms of Service

Terms of Service

The terms that govern our website and services.

Last updated: October 4, 2026

These Terms of Service ("Terms") govern your use of the website and services provided by Zelaya's Marketing Systems ("we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Services Description

Zelaya's Marketing Systems provides marketing services for local service businesses:

  • A sales-trained AI that answers your leads by text and on calls, quotes from the prices you give us, and books jobs onto your calendar
  • Meta (Facebook and Instagram) ads management, if your plan includes it
  • Monitoring under our 1-2-4 rule: we monitor your system every week, send you a video update every two weeks, and bring you a new strategy every 4 weeks if the numbers call for one

Your plan, its monthly fee and what's included are set out in your proposal or invoice. We reserve the right to update the features included in any plan; any material reduction in your current plan's features will be communicated to you in advance.

2. Subscription and Payment Terms

Billing

Your subscription is billed monthly at the fee set out in your proposal or invoice, on the same date each month as the day you signed up. For example, if you signed up on the 12th, you're billed on the 12th of every month. In a month that doesn't have your signup date, you're billed on the last day of that month. We accept payment via credit card, debit card, or ACH transfer.

Advertising Spend

If your plan includes ads management, any advertising spend on Facebook or Instagram is separate from your monthly service fee. Ad spend is billed directly to you by the ad platform through your own ad account — it is never collected or held by Zelaya's Marketing Systems. You are responsible for maintaining sufficient funds in your ad account(s) to run the campaigns we manage on your behalf.

Business SMS & A2P Registration

Zelaya's Marketing Systems covers A2P 10DLC carrier registration fees associated with your business SMS number as part of your plan. Carrier approval timelines are outside our control; we are not liable for delays caused by carrier or registry review.

Late Payments

Payments not received within 5 business days of the due date may result in suspension of services. A late fee may be applied to overdue accounts.

Price Changes

We reserve the right to adjust pricing with 30 days' written notice. Existing clients will be grandfathered into their current rate for a minimum of 12 months from their start date.

3. Cancellation and Refunds

Cancellation

Your plan is month to month. To cancel, call or text (844) 387-3623 or email info@zelayasmarketingsystems.com, and book a quick call with Jon. Cancellation takes 30 days' notice, starting the day you ask. During those 30 days, your service and billing continue as normal. On day 30, your service ends and you won't be charged again. If you don't book or attend the cancellation call, we still cancel on day 30 and charge a one-time $250 cancellation fee.

Advertising Campaigns After You Cancel

We will continue actively managing any live ad campaigns through the end of your 30-day notice. After your service ends, you are responsible for pausing, adjusting, or reallocating spend within your own ad account(s) — we will no longer have access to manage them.

Your Data After You Cancel

When you cancel, your ad account, your phone number and your customer list stay with you. Email info@zelayasmarketingsystems.com before your 30-day notice ends, and we'll export your contacts and conversation history for you. Your access to our tools ends on day 30. Once we've handed your data over, we delete our copies.

Refunds

Due to the nature of our services, we do not offer refunds or partial refunds, including for the 30-day notice period. If you believe you have been billed in error, please contact us within 10 business days of the charge.

4. Client Responsibilities

To ensure the best results, you agree to:

  • Provide accurate and complete information about your business, including your current services and prices, and tell us when they change
  • Respond to our requests for content, approvals, and feedback in a timely manner
  • Provide access to necessary accounts (ad accounts, Google Business Profile, your calendar, etc.)
  • Supply high-quality photos of your work and projects
  • Maintain accurate business information (hours, services, contact details)
  • Ensure that any contacts you import or upload into your CRM have properly consented to be contacted, and that your own marketing practices comply with the Telephone Consumer Protection Act (TCPA) and applicable state and federal law

Delays caused by failure to meet these responsibilities may affect project timelines and are not grounds for refunds.

5. SMS & Marketing Message Consent

Our review funnel and one-click promo campaigns are built to only send promotional or marketing text messages to a contact after that contact has submitted a review and affirmatively accepted marketing communications through our system. Transactional messages (such as speed-to-lead responses and appointment-related texts) are not subject to this opt-in requirement.

You are responsible for ensuring that any contacts messaged outside of this built-in consent flow — including imported lists, manually added contacts, or additional campaigns you request — have valid, documented consent under the TCPA and applicable law. Zelaya's Marketing Systems is not liable for messages sent to contacts for whom you did not obtain proper consent, or for consent obtained outside our system.

6. Text Messaging Program

Zelaya's Marketing Systems sends text messages to people who opt in through the chat on our website or our booking page. Messages include replies to your inquiry, appointment confirmations and reminders, and follow-up about our services.

  • Opting out: Reply STOP at any time to stop receiving messages. We will send one message confirming you have been unsubscribed. To opt back in, reply START.
  • Help: Reply HELP, or contact us at info@zelayasmarketingsystems.com or (844) 387-3623.
  • Frequency and cost: Message frequency varies. Message and data rates may apply.
  • Carriers: Mobile carriers are not liable for delayed or undelivered messages.
  • Consent: Agreeing to receive text messages is not a condition of any purchase.
  • Privacy: Your mobile number and opt-in consent are never shared with third parties for marketing. See our Privacy Policy.

7. Intellectual Property

Our Work

Upon full payment, you will receive a license to use the website, content, and systems we create for your business. We retain the right to use your project in our portfolio and marketing materials unless otherwise agreed in writing.

Your Content

You retain ownership of all content, logos, trademarks, and materials you provide to us. You grant us a limited license to use these materials solely for the purpose of providing our services.

8. Limitation of Liability

To the maximum extent permitted by law, Zelaya's Marketing Systems shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising out of or relating to your use of our services.

Our total liability for any claim arising from these Terms or our services shall not exceed the total amount you have paid us directly for our services in the 12 months preceding the claim. This cap excludes advertising spend, which is paid directly to the ad platform and never collected by us.

9. No Guarantees

While we strive to deliver the best possible results, we do not guarantee specific outcomes such as:

  • A specific number of leads, conversations or booked jobs
  • Specific ad performance, such as reach or cost per lead
  • Specific revenue or ROI figures

Marketing results depend on many factors outside our control, including market conditions, competition, and your responsiveness to leads.

10. Confidentiality

We agree to keep your business information confidential and will not share it with third parties except as necessary to provide our services or as required by law.

11. Termination

We reserve the right to terminate your service immediately if you:

  • Fail to make payment after reasonable notice
  • Engage in fraudulent or illegal activities
  • Abuse our staff or systems
  • Violate these Terms in a material way

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law provisions.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.

14. Contact Information

If you have any questions about these Terms, please contact us: