Terms of Service

Last Updated: 02/21/2026

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you,” “your,” or “Client”) and SKYSAIL MEDIA LLC (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website, landing pages, advertisements (including Facebook/Meta Lead Ads), marketing services, lead-generation services, subscriptions, agency retainers, and communications, including telephone calls and SMS/MMS text messages.

By accessing our website, submitting information, enrolling in services, or making a payment, you affirmatively acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.

If you do not agree, you must not use our services.

1. Eligibility, Authority & Contract Formation

1.1 Minimum Age Requirement (18+)

You must be at least eighteen (18) years of age to use our services.

By accessing or using our services, you represent and warrant that:

You are at least eighteen (18) years old

You have the legal capacity to enter into a binding contract

You are not prohibited from entering into this agreement under applicable law

Use of our services by individuals under eighteen (18) years of age is strictly prohibited.

1.2 Authority and Accurate Information

You represent and warrant that:

All information you provide is accurate and truthful

You have authority to provide any phone number or contact information submitted

Providing false information constitutes a material breach of these Terms.

2. Communications Consent (TCPA, SMS, Calls & Electronic Consent)

2.1 Prior Express Written Consent

By submitting your contact information through our website, landing pages, or advertisements (including Facebook/Meta Lead Ads), you provide your prior express written consent to receive communications from the Company, including:

Telephone calls

SMS and MMS text messages

Emails

Messages sent using automated dialing systems, prerecorded voice messages, or automated technologies

These communications may include marketing, promotional, operational, transactional, and informational messages.

Consent applies specifically to the telephone number provided at the time consent was given.

2.2 Representation of Number Ownership and Authority

You represent and warrant that:

You are the subscriber or customary user of the telephone number provided, or

You have the legal authority and authorization from the subscriber or customary user to provide consent

You further represent that you provided the telephone number voluntarily and knowingly.

2.3 Electronic Signature Consent (ESIGN Act)

You acknowledge that submitting your information electronically constitutes your electronic signature and provides prior express written consent under:

The Telephone Consumer Protection Act (47 U.S.C. §227), and

The Electronic Signatures in Global and National Commerce Act (15 U.S.C. §7001)

You agree that your electronic consent has the same legal effect as a handwritten signature.

2.4 Message and Data Rates Disclosure

Message and data rates may apply.

Message frequency may vary.

You are solely responsible for all fees charged by your mobile carrier related to SMS or data usage.

2.5 Carrier Liability Disclaimer

Mobile carriers and telecommunications providers are not liable for delayed, undelivered, or misdirected messages.

The Company does not guarantee message delivery and shall not be responsible for message delays, failures, or errors caused by carriers or third-party service providers.

2.6 No Condition of Purchase

Consent to receive communications is not a condition of purchasing any goods or services.

2.7 Do-Not-Call Registry Waiver

Your consent applies even if your number is listed on any state or federal Do-Not-Call registry.

2.8 Opt-Out and Revocation

You may revoke consent at any time by:

Replying STOP to any SMS message

Replying UNSUBSCRIBE

Contacting us directly in writing

Opt-out requests will be honored within a commercially reasonable timeframe.

You acknowledge that reasonable administrative processing time may be required.

The Company is not responsible for opt-out requests submitted through unclear or non-standard methods.

You may receive a final confirmation message confirming your opt-out.

2.9 Number Reassignment Responsibility

You agree to notify Company immediately if your telephone number changes or is reassigned.

You agree that Company is not responsible for communications sent to numbers provided by you unless and until written notice of reassignment is received.

You agree to indemnify Company for claims arising from reassigned numbers you provided.

2.10 Third-Party Lead Platform Consent

You acknowledge that consent provided through third-party platforms, including Meta (Facebook), websites, landing pages, and advertising platforms, constitutes valid consent to Company.

Company may rely on consent records provided by such platforms.

2.11 Consent Records and Survival

Company maintains records of consent, including:

Date and time

Consent language presented

Source of consent

Consent survives termination of this agreement to the maximum extent permitted by law.

3. Scope of Services

Services may include:

Digital marketing

Advertising management

Lead generation

Consulting

Agency retainers

Services are provided on a commercially reasonable, best-efforts basis.

4. No Guarantee of Results

You acknowledge that marketing outcomes are inherently variable.

Company makes no guarantees regarding:

Leads

Revenue

Advertising performance

Conversion rates

All services are provided “as is.”

5. Payments and Billing Authorization

Payments are processed through third-party processors, including Stripe.

You authorize Company to charge your payment method for all disclosed fees and recurring charges.

You represent that you are authorized to use the payment method.

6. Payment, Refund and Chargeback Policy

6.1 All Sales Final

All payments are final.

No refunds are provided unless required by law or explicitly agreed in writing.

This includes:

Marketing services

Setup fees

Retainers

Consulting

Services involve immediate labor and operational costs.

6.2 Chargebacks

You agree not to initiate chargebacks for valid charges.

If a chargeback occurs, you authorize Company to submit:

This agreement

Consent records

Service records

You are responsible for chargeback fees.

Chargebacks constitute a material breach of this agreement.

7. Subscriptions and Cancellation

Subscriptions renew automatically.

Cancellation must be submitted in writing at least 14 days before renewal.

No refunds or prorated credits are provided.

8. Lead Generation and Agency Retainer Terms

Retainers compensate Company for labor, expertise, and availability.

Leads are provided “as is.”

Company does not guarantee lead quality, exclusivity, or conversions.

Client is solely responsible for compliance with applicable laws when contacting leads.

9. Limitation of Liability

To the maximum extent permitted by law:

Company liability shall not exceed the greater of:

$100, or

Amount paid by Client

Company is not liable for indirect, incidental, or consequential damages.

10. Indemnification

You agree to indemnify Company from claims arising from:

Your use of services

Your communications with leads

Your violation of laws

11. Arbitration and Class Action Waiver

Disputes shall be resolved exclusively through binding arbitration under the Federal Arbitration Act.

You waive the right to:

Jury trial

Class action participation

Arbitration shall occur in New York.

12. Governing Law

These Terms are governed by the laws of the State of New York.

13. Modifications

Company may modify these Terms at any time.

Continued use constitutes acceptance.

14. Termination

Company may terminate services at any time for violations or nonpayment.

15. Privacy Policy

Use of services is also governed by the Privacy Policy.

16. Contact Information

Email: [email protected]
Business Location: New York City, NY, United States