Terms of Service


Pyramid Advertising Consultants
Effective Date: February 23, 2026

  1. Acceptance of These Terms
    These Terms of Service (“Terms”) govern your access to and use of the services provided by Pyramid Advertising Consultants (“Pyramid,” “we,” “us,” or “our”), including our website, consulting, advertising, and marketing services and any SMS or other messaging programs we offer (collectively, the “Services”). By accessing or using our Services, or by signing any proposal, statement of work, or service agreement that references these Terms, you agree to be bound by these Terms. If you do not agree, you must not use our Services. If you are using the Services on behalf of a company or other legal entity, you represent that you are authorized to accept these Terms on its behalf, and “you” and “your” will refer to that entity.

  2. Services We Provide

2.1 Scope of Services
Pyramid provides advertising and marketing consulting services, which may include:

  • Strategy development and campaign planning

  • Media planning and buying

  • Creative services and content development

  • Digital marketing, social media, and performance marketing

  • Analytics, reporting, and optimization

  • SMS and other messaging campaigns for marketing, reminders, alerts, and other communications you authorize

  • Other related consulting and advisory services as agreed in writing

2.2 Statements of Work
Specific services, deliverables, timelines, and fees may be set out in one or more statements of work, proposals, or order forms (each, an “SOW”). In the event of a conflict between an SOW and these Terms, the SOW will control with respect to the conflicting terms.

2.3 Changes to Services
We may update, modify, or discontinue any aspect of the Services from time to time. Material changes affecting existing SOWs will be communicated to you, and any changes to scope, timing, or pricing will be agreed in writing.

  1. Your Responsibilities
    You agree to:

  • Provide accurate, complete, and up-to-date information reasonably needed for us to perform the Services.

  • Designate a primary point of contact who can make decisions and provide timely approvals.

  • Review and approve all creative materials, copy, and campaigns (including SMS campaigns) prior to launch.

  • Ensure that any information, materials, or instructions you provide comply with all applicable laws, regulations, and third-party platform policies.

  • Obtain and maintain any necessary rights, licenses, permissions, and consents for any content or data you provide to us or instruct us to use.

You are solely responsible for the products, services, and business activities you promote using our Services.

  1. Fees, Payment, and Taxes

4.1 Fees
You agree to pay all fees specified in the applicable SOW or invoice. Fees may include:

  • Service or retainer fees

  • Project-based or fixed fees

  • Media spend, ad platform costs, SMS and messaging platform fees, and other third-party costs

  • Out-of-pocket expenses (such as stock assets, production, or travel) as agreed

4.2 Invoicing and Payment Terms
Unless otherwise stated in an SOW:

  • Service fees are invoiced in advance (e.g., monthly, project start) and due within 15–30 days of the invoice date.

  • Media and third-party costs may be invoiced in advance, or directly by the third party, depending on the arrangement.

  • Late payments may be subject to interest at the maximum rate permitted by applicable law and/or suspension of Services.

4.3 Taxes
All fees are exclusive of taxes unless expressly stated otherwise. You are responsible for all applicable taxes, duties, and governmental charges (excluding taxes based on our net income).

  1. Term and Termination

5.1 Term
These Terms apply from the date you first use the Services or sign an SOW referencing them and continue until terminated as provided below.

5.2 Termination for Convenience
Unless an SOW specifies a fixed term or different termination provisions, either party may terminate the Services or an SOW for convenience upon 30 days’ written notice.

5.3 Termination for Cause
Either party may terminate the Services or a specific SOW immediately upon written notice if the other party:

  • Materially breaches these Terms or an SOW and does not cure the breach within 30 days after written notice; or

  • Becomes insolvent, enters bankruptcy, or ceases to operate in the ordinary course of business.

5.4 Effect of Termination
Upon termination:

  • You will pay all fees and approved expenses incurred up to the effective date of termination, including any non-cancellable third-party costs.

  • Any licenses or access to tools, reports, or platforms granted by us may be revoked.

  • Sections that by their nature should survive (including payment obligations, intellectual property, confidentiality, limitations of liability, and dispute resolution) will survive termination.

  1. Intellectual Property

6.1 Your Materials
You retain all rights in any content, trademarks, logos, data, and other materials you provide to us or instruct us to use (“Client Materials”). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, display, and distribute Client Materials solely as necessary to provide the Services. You represent and warrant that you have all rights and permissions necessary for our use of the Client Materials as contemplated by these Terms and each SOW.

6.2 Our Materials and Tools
We retain all rights in our pre-existing materials, templates, processes, methodologies, software, tools, and know-how, including any improvements or modifications made in the course of providing the Services (“Agency Materials”). Unless otherwise stated in an SOW, we grant you a non-exclusive, non-transferable, non-sublicensable license to use the final deliverables we create for you under an SOW (such as ad creatives, strategy documents, and reports) for your internal business purposes and in connection with your marketing and advertising activities. This license is subject to full payment of all applicable fees.

6.3 Third-Party Materials
Certain Services or deliverables may include third-party content, software, or services (“Third-Party Materials”). Use of Third-Party Materials may be subject to additional terms imposed by those third parties. You agree to comply with all applicable third-party terms and acknowledge that your rights in Third-Party Materials are determined by those terms.

  1. Confidentiality

7.1 Confidential Information
“Confidential Information” means any non-public information disclosed by one party (“Disclosing Party”) to the other (“Receiving Party”) that is marked or identified as confidential, or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes business plans, strategies, financial information, client lists, trade secrets, and non-public campaign performance data.

7.2 Obligations
The Receiving Party will:

  • Use Confidential Information only for purposes of performing or receiving the Services.

  • Not disclose Confidential Information to any third party except to employees, contractors, or advisors who need to know it and are bound by confidentiality obligations at least as protective as these Terms.

  • Use reasonable measures to protect the confidentiality of the Confidential Information.

7.3 Exclusions
Confidential Information does not include information that:

  • Is or becomes publicly available through no fault of the Receiving Party;

  • Was lawfully known to the Receiving Party before disclosure;

  • Is received from a third party without breach of any obligation of confidentiality; or

  • Is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information.

7.4 Required Disclosure
The Receiving Party may disclose Confidential Information if required by law, regulation, or court order, provided it gives the Disclosing Party reasonable notice (where legally permitted) to seek protective measures.

  1. Data Protection and Privacy
    Both parties will comply with applicable data protection and privacy laws in connection with the Services. Our collection and use of personal information is described in our Privacy Policy, which is incorporated by reference into these Terms and is available at pyramidadvertisingc.com/privacy-policy. To the extent we process personal information on your behalf as a service provider or processor, the parties may agree to additional data protection terms as required by applicable law. You are responsible for ensuring you have all necessary rights, consents, and notices in place to share personal information with us for use in connection with the Services.

  2. Acceptable Use
    You agree not to use the Services to:

  • Violate any applicable law, regulation, or advertising standard;

  • Infringe or misappropriate any third party’s intellectual property, privacy, or other rights;

  • Promote fraudulent, deceptive, misleading, defamatory, obscene, or otherwise unlawful content;

  • Promote hate, discrimination, harassment, or violence; or

  • Introduce malware, viruses, or other harmful code into systems or platforms we use.

We reserve the right, without obligation, to reject or suspend any campaign, content, or activity that we reasonably believe violates these Terms, applicable law, or third-party platform rules.

  1. SMS and Messaging Program Terms

10.1 Description of SMS Use Cases
When you opt in to our SMS or messaging program, you may receive messages related to marketing campaigns, promotions, reminders, updates about our Services, and other information you request or that is relevant to your relationship with us.

10.2 Opt-In and Opt-Out Instructions
You may opt in to receive SMS messages by submitting a form that includes your mobile number, texting a designated keyword, checking a consent box, or otherwise clearly indicating your consent. By opting in, you agree to receive recurring SMS or MMS messages from us at the mobile number you provide. You can opt out at any time by replying STOP to any message we send. You may also reply HELP for help or contact us using the details in Section 17.

10.3 Message and Data Rates
Message and data rates may apply from your mobile carrier. You are responsible for any charges incurred as a result of receiving or sending SMS messages in connection with our program. Message frequency may vary based on your interactions with us and our campaigns.

10.4 Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages. Delivery of SMS messages is subject to effective transmission by your wireless carrier and is outside of our control.

10.5 Age Restriction
The SMS and messaging program is intended only for individuals who are at least 18 years old. By opting in to receive SMS messages, you represent that you are 18 years of age or older and that you are the account holder or authorized user for the mobile number you provide.

  1. Disclaimers
    To the maximum extent permitted by law:

  • The Services and any deliverables are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise.

  • We do not guarantee any particular results, performance, revenue, or return on investment from the Services. Advertising and marketing outcomes are inherently uncertain and depend on many factors beyond our control.

  • We disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

  • You are responsible for independently evaluating whether the Services and deliverables are appropriate for your business needs and for complying with all applicable legal and regulatory requirements.

  1. Limitation of Liability
    To the fullest extent permitted by law:

  • In no event will Pyramid be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.

  • Our total aggregate liability arising out of or relating to the Services, these Terms, and any SOW will not exceed the total fees paid or payable by you to us for the specific Services giving rise to the claim during the six (6) months immediately preceding the event giving rise to the claim.

These limitations apply to all theories of liability, whether in contract, tort (including negligence), strict liability, or otherwise, and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

  1. Indemnification
    You agree to indemnify, defend, and hold harmless Pyramid and our officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Services;

  • Client Materials or instructions you provide;

  • Your products, services, or business practices;

  • Your violation of these Terms, any SOW, or applicable law; or

  • Your infringement or misappropriation of any third-party rights.

We will promptly notify you of any indemnified claim and allow you to control the defense and settlement, provided that any settlement that imposes obligations on us or admits fault on our behalf requires our prior written consent.

  1. Third-Party Platforms and Services
    The Services may involve the use of third-party platforms (such as social media networks, ad networks, messaging platforms, and analytics tools). Your use of those platforms is subject to their respective terms and policies, which you are responsible for reviewing and complying with. We are not responsible for the availability, performance, or actions of any third-party platform or service, or for changes made by third parties that affect campaigns, performance, or deliverables.

  2. Changes to These Terms
    We may update these Terms from time to time. When we make material changes, we will update the “Effective Date” above and may provide additional notice where required by law or where appropriate. Your continued use of the Services after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.

  3. Governing Law and Dispute Resolution

16.1 Governing Law
These Terms and any dispute arising out of or relating to the Services will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

16.2 Informal Resolution
Before initiating formal proceedings, the parties will attempt in good faith to resolve any dispute through informal negotiations for at least 30 days.

16.3 Venue
Subject to any applicable arbitration agreement between the parties, any legal action or proceeding arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Tarrant County, Texas, and each party consents to the personal jurisdiction and venue of those courts.

  1. Contact Information
    If you have any questions about these Terms or the Services, please contact:

Pyramid Advertising Consultants
Fort Worth, Texas
Phone: +1 972-810-7559
Email: privacy@pyramidadvertisingc.com
Website: pyramidadvertisingc.com