Terms and Conditions

Terms and Conditions

Effective Date: February 11, 2026

These Terms and Conditions (“Terms”) govern your engagement of consulting services from Markmed Inc. (“Consultant,” “Company,” “we,” “us,” or “our”), a Florida corporation. By contacting Markmed Inc., scheduling a consultation, making payment, or otherwise accepting these Terms (including via email confirmation, invoice, or continued engagement), you (“Client,” “you,” or “your”) agree to be bound by them.

If you do not agree, do not engage Markmed Inc.’s services.

1. Services Provided

Markmed Inc. offers personalized consulting and coaching services to e-commerce businesses, medical offices, doctors, and professionals selling high-ticket items or promoting high-profit procedures. Services may include (but are not limited to):

  • Strategy reviews and optimization recommendations
  • Guidance on pay-per-click advertising (PPC), lead generation, and cost-effective campaigns
  • Review and enhancement suggestions for sales copy, product descriptions, videos, photography, symbolism, and multimedia
  • Chargeback prevention systems and fraud mitigation advice
  • Promotions and re-engagement strategies

All services are provided as non-binding coaching and advisory support. Markmed Inc. does not manage, run, or execute your campaigns, ads, websites, or operations. Markmed Inc. does not guarantee specific results, revenue increases, lead volume, rankings, conversions, or any financial outcome. Results depend on many factors outside the Company’s control, including your implementation, market conditions, compliance, and execution.

2. Independent Contractor Status

Markmed Inc. is an independent contractor, not an employee, agent, partner, or joint venturer of yours. Markmed Inc. is solely responsible for its own taxes, insurance, and compliance with applicable laws. You are responsible for your own business decisions, legal compliance (including HIPAA for medical practices, FTC advertising rules, and state medical board regulations), and implementation of any suggestions.

3. Fees and Payment

  • Minimum engagement fee is $5,000 (unless otherwise agreed in writing).
  • Fees are quoted per project, retainer, or hourly basis and are non-refundable once paid, except as expressly stated in a separate written agreement.
  • Payment is due as invoiced (e.g., 50% upfront, balance upon completion of deliverables or milestones).
  • Late payments accrue interest at 1.5% per month (or the maximum allowed by law).
  • You are responsible for any additional costs (e.g., third-party tools, ad spend, photography equipment) unless agreed otherwise.
  • All fees are in U.S. dollars and exclude taxes, which you are responsible for if applicable.

4. No Guarantees or Warranties

Markmed Inc. provides recommendations based on its experience, but makes no representations or warranties (express or implied) regarding outcomes, including but not limited to increased sales, leads, patient bookings, profitability, or compliance with laws. Past performance (e.g., $40M+ in e-commerce sales) is not indicative of future results for you. Services are provided “as is” without warranty of merchantability, fitness for a particular purpose, or non-infringement.

5. Limitation of Liability

To the maximum extent permitted by law, Markmed Inc.’s total liability (whether in contract, tort, negligence, or otherwise) shall not exceed the total fees paid by you in the 12 months preceding the claim. Markmed Inc. shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, revenue, leads, business opportunities, goodwill, or data—even if advised of the possibility. You agree to indemnify and hold Markmed Inc., its officers, directors, employees, and agents harmless from claims arising from your business operations, implementation of advice, advertising claims, medical practice activities, or violations of law (e.g., HIPAA, FTC rules).

6. Intellectual Property

Any materials Markmed Inc. provides (e.g., templates, checklists, frameworks, review notes) remain the intellectual property of Markmed Inc. You receive a limited, non-exclusive, non-transferable license to use them solely for your internal business purposes during our engagement. You retain ownership of your own content, website, ads, videos, photos, and business materials. Markmed Inc. does not claim rights to your IP.

7. Confidentiality

Both parties agree to keep confidential any non-public information disclosed during the engagement and not use it except to perform or receive services. This obligation survives termination.

8. Termination

Either party may terminate with written notice (email sufficient).

  • You remain responsible for fees due up to termination.
  • Upon termination, access to any shared materials ends, and you must cease using Markmed Inc.’s IP.
  • Sections 4 (No Guarantees), 5 (Limitation of Liability), 6 (IP), 7 (Confidentiality), 9 (Governing Law), and 10 (Dispute Resolution) survive termination.

9. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Orange County, Florida. You consent to personal jurisdiction and venue there.

10. Dispute Resolution

Before litigation, both parties agree to attempt good-faith informal resolution (e.g., direct discussion). If unresolved, disputes shall be submitted to binding arbitration in Orlando, Florida, under the rules of the American Arbitration Association (commercial rules), with one arbitrator. Each party bears its own costs; arbitrator fees are shared equally unless the arbitrator rules otherwise. No class actions are permitted.

11. Miscellaneous

  • Entire Agreement: These Terms (plus any written engagement letter or invoice) constitute the full agreement and supersede prior understandings.
  • Amendments: Must be in writing and signed by both parties.
  • Severability: If any provision is invalid, the remainder remains enforceable.
  • No Waiver: Failure to enforce any right does not waive it.
  • Force Majeure: Neither party is liable for delays due to events beyond reasonable control (e.g., natural disasters, illness, government actions).
  • Electronic Signatures: Email or digital acceptance is binding.

By engaging Markmed Inc.’s services, you confirm you have read, understood, and agree to these Terms.

Last updated: February 11, 2026 Questions? Contact Markmed Inc.

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