Terms of Service — Romero NYC

These Terms of Service ("Agreement") constitute a legally binding contract between you ("Client," "User," or "you") and Romero NYC Marketing Agency LLC ("Romero NYC," "we," "us," or "our"), organized under the laws of the State of New York. By accessing our website, using our platform, purchasing any service, or clicking "I Agree," you agree to be bound by these Terms in their entirety.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES, ACCESS OUR WEBSITE, OR ENGAGE IN ANY COMMERCIAL RELATIONSHIP WITH ROMERO NYC.

Plain-English Summary

For your convenience — if anything conflicts, the full Terms below govern.

What does Romero NYC do?

Outbound email marketing on a pay-per-meeting basis. We're also building free tools and may add consulting, digital products, and other services.

Do you guarantee results?

No. We don't guarantee meetings, leads, or revenue. Any estimates we share are illustrative, not promises.

What if I miss a payment?

Campaigns pause. You still owe the balance plus late interest. Chargebacks without contacting us first are a breach of these Terms.

Can I get a refund?

Generally no. Fees for work already started, meetings booked, or digital products accessed are non-refundable.

Who owns what?

You own your content. We own our platform, tools, and trademarks. Your materials are licensed to us only for running your campaigns.

What's the free tools catch?

They're genuinely free. In exchange, we collect usage data and may reach out about our services. You can opt out of marketing emails anytime.

What's the liability cap?

Whatever you've paid us in the last 12 months. We're never liable for lost profits or indirect damages.

How are disputes handled?

Description of Services

1.1 Core Service Offerings

Romero NYC Marketing Agency LLC provides B2B outbound email marketing services on a pay-per-meeting basis — you compensate us based on qualified meetings booked on your behalf. Specific terms, deliverables, and pricing are set forth in a separate Statement of Work ("SOW") executed between the parties.

1.2 Expanded and Future Offerings

Romero NYC expressly reserves the right to introduce, modify, bundle, or remove any service offerings at any time, including:

Additional outbound and inbound marketing campaign management
Paid advertising management (LinkedIn, Google, Meta, and other platforms)
Content marketing strategy and execution
Marketing consulting and advisory services
Digital product sales (downloadable resources, templates, courses)
Web applications and SaaS tools, offered on a free or subscription basis

New offerings may use different pricing models. Such terms will be communicated prior to engagement.

1.3 Free Tools and Web Applications

Romero NYC may make available free-to-use tools and web applications ("Free Tools") on its website. Free Tools are provided as a value-added resource and are not a commitment of ongoing availability. Romero NYC reserves the right to discontinue, modify, or monetize any Free Tool at any time without prior notice.

1.4 What We Do NOT Promise

ROMERO NYC MAKES NO REPRESENTATION OR GUARANTEE REGARDING:

Any specific number of meetings booked, leads generated, or revenue produced
The uninterrupted or error-free availability of any website, platform, or Free Tool
The accuracy or completeness of any content, data, or AI-assisted output
The fitness of any service or tool for any particular purpose or industry
Compliance with any third-party platform's terms of service unless stated in writing

Performance estimates or case studies shared in marketing materials are illustrative only and do not constitute warranties or guarantees of future results.

Account Registration & Responsibilities

2.1 Account Creation

Certain features may require you to create an account. You agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your login credentials; and (d) notify Romero NYC immediately at kristian@romero.nyc of any unauthorized use of your account.

2.2 Account Responsibility

You are solely responsible for all activity that occurs under your account, whether or not you authorized it. Romero NYC shall not be liable for any loss arising from your failure to maintain credential security.

2.3 Eligibility

By creating an account or purchasing any service, you represent that: (a) you are at least 18 years of age; (b) you have the legal authority to enter into a binding contract; and (c) if acting on behalf of a business entity, you have authority to bind that entity to these Terms.

Payment, Billing & Refund Policy

3.1 Pricing and Fees

Service fees are established in the applicable SOW or order confirmation. Romero NYC's primary billing model is pay-per-meeting as defined in the relevant SOW. Fees for consulting, retainer, subscription, or digital product services will be specified separately. Romero NYC reserves the right to update pricing at any time; changes will not apply to existing SOWs already in effect.

3.2 Payment Terms

Unless otherwise specified in an SOW: (a) invoices are due within fifteen (15) days of the invoice date; (b) payment is accepted via ACH, wire transfer, credit card, or other available methods; (c) all fees are in USD. Late payments accrue interest at 1.5% per month (or the maximum rate permitted by law) from the due date until paid.

3.3 Auto-Renewal for Subscription Services

If Romero NYC introduces subscription-based services, those subscriptions will automatically renew at the end of each billing cycle unless cancelled in writing prior to the renewal date. You authorize Romero NYC to charge the payment method on file for all renewal fees.

3.4 Failed Payments

If any payment fails, is reversed, disputed, or charged back: (a) Romero NYC may immediately suspend or terminate active services; (b) you remain liable for all fees owed plus any chargeback or processing fees; (c) Romero NYC reserves the right to refer overdue accounts to collections.

3.5 Refund Policy

ALL FEES PAID TO ROMERO NYC ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY STATED IN AN APPLICABLE SOW OR AS REQUIRED BY APPLICABLE LAW.

Pay-per-meeting fees for meetings already booked are non-refundable
Setup fees, onboarding fees, and consulting retainers are non-refundable once services have commenced
Digital product purchases are non-refundable after download or access has been granted
In cases of documented billing error by Romero NYC, credits or refunds will be issued within 30 days

Disputes regarding charges must be submitted in writing to kristian@romero.nyc within thirty (30) days of the charge date. Chargebacks initiated without first contacting Romero NYC constitute a breach of these Terms.

Acceptable Use Policy

4.1 Permitted Use

You may use Romero NYC's website, Free Tools, and services solely for lawful business purposes and in accordance with these Terms.

4.2 Prohibited Conduct

You agree that you will NOT, under any circumstances:

Use any service or tool to send unsolicited bulk commercial messages in violation of CAN-SPAM, CASL, GDPR, or any applicable law
Harass, threaten, defame, or abuse any individual or entity
Engage in any fraudulent, deceptive, or misleading conduct
Reverse engineer, decompile, or attempt to derive source code of any Romero NYC software or tool
Scrape or systematically extract data from any Romero NYC website or application without express written permission
Use automated bots or scripts to access any Romero NYC platform in a manner that imposes unreasonable infrastructure load
Attempt to gain unauthorized access to any account, system, or network associated with Romero NYC
Upload or transmit viruses, malware, or any other malicious code
Use the services to facilitate any illegal activity
Violate any third-party platform's terms of service in connection with services performed by or for Romero NYC
Sublicense, resell, or transfer access to any Romero NYC tool or service without written authorization

4.3 Enforcement

Romero NYC reserves the right to suspend or terminate any account without prior notice if a violation is suspected, report suspected illegal activity to law enforcement, and seek injunctive or other equitable relief in addition to any other available legal remedies.

Intellectual Property

5.1 Romero NYC's Intellectual Property

All content, materials, software, tools, designs, graphics, trademarks, and other intellectual property on our website or platform ("Romero NYC IP") are the exclusive property of Romero NYC Marketing Agency LLC or its licensors. Nothing in these Terms grants you any license to use Romero NYC IP without express prior written consent.

5.2 Client-Owned Content

You retain full ownership of any content, data, or materials you provide to Romero NYC ("Client Content"). By providing Client Content, you grant Romero NYC a non-exclusive, royalty-free, worldwide license to use such content solely for the purpose of performing contracted services. This license terminates upon conclusion of the applicable SOW.

5.3 Free Tool Output

Output generated by Romero NYC's Free Tools is provided for informational purposes only. Romero NYC makes no warranty as to its accuracy, originality, or fitness for any particular purpose. You are responsible for independently verifying any output before relying on it.

5.4 User Data as Marketing Intelligence

By using Romero NYC's Free Tools or website, you acknowledge that Romero NYC may collect and use data derived from your interactions for the purposes set forth in Section 10 and the Privacy Policy. Romero NYC retains all rights to anonymized, aggregated, or de-identified data derived from platform usage.

Limitation of Liability

6.1 Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROMERO NYC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO ROMERO NYC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU HAVE MADE NO PAYMENTS IN SUCH PERIOD, ROMERO NYC'S TOTAL LIABILITY SHALL NOT EXCEED $100.00.

6.2 Exclusion of Consequential Damages

IN NO EVENT SHALL ROMERO NYC BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITIES, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DATA LOSS, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 Essential Basis

These limitations reflect a reasonable allocation of risk between the parties and are an essential element of the basis of the bargain. Romero NYC would not have entered into this Agreement without such limitations.

Disclaimer of Warranties

ALL SERVICES, PLATFORMS, FREE TOOLS, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ROMERO NYC DOES NOT WARRANT THAT SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR-FREE.

Term & Termination

8.1 Term

These Terms remain in effect for as long as you use any Romero NYC service, access any Free Tool, maintain an account, or are party to an active SOW.

8.2 Termination by Romero NYC

Romero NYC reserves the right to suspend or terminate your access to any or all services at any time, with or without prior notice, for any reason including actual or suspected violation of these Terms, failure to pay, or conduct that is harmful to Romero NYC, other clients, or third parties.

8.3 Termination by Client

You may terminate subscription-based services by providing written notice per the cancellation terms in the applicable SOW. Cancellation does not entitle you to any refund of fees already paid except as expressly provided herein.

8.4 Effect of Termination

Upon termination: (a) all licenses granted to you immediately terminate; (b) you must cease all use of Romero NYC's platforms and materials; (c) accrued payment obligations survive; and (d) Sections 3, 5, 6, 7, 9, and 10 survive any termination of these Terms.

Dispute Resolution

9.1 Mandatory Pre-Dispute Notice

Before initiating any formal dispute, the aggrieved party must provide written notice describing the dispute and relief sought. The parties agree to attempt informal resolution for thirty (30) days following such notice.

9.2 Binding Arbitration

EXCEPT FOR DISPUTES INVOLVING INTELLECTUAL PROPERTY RIGHTS OR CLAIMS FOR INJUNCTIVE RELIEF, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AAA UNDER ITS COMMERCIAL ARBITRATION RULES, CONDUCTED BY A SINGLE ARBITRATOR IN NEW YORK.

9.3 Class Action Waiver

YOU AND ROMERO NYC AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY — NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

9.4 Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. For disputes not subject to arbitration, the parties irrevocably submit to the exclusive jurisdiction of state and federal courts in New York County, New York.

Data Collection, Marketing Use & Privacy

10.1 Data Collection Practices

By using Romero NYC's website, Free Tools, or any service, you acknowledge and consent to the collection of personal and business data as described in our Privacy Policy, which is incorporated by reference into these Terms.

10.2 Use for Marketing and Outreach

YOU EXPRESSLY CONSENT TO ROMERO NYC'S USE OF YOUR DATA FOR:

Affiliate marketing and partner referral programs operated by or affiliated with Romero NYC
Lead generation and nurturing campaigns for Romero NYC's own services
Direct outreach via email or other channels regarding current and future service offerings
Outreach related to any digital products, courses, templates, or resources Romero NYC may offer
Anonymized analytics and product improvement for Free Tools and web applications

10.3 Opt-Out Rights

You may opt out of marketing communications at any time by clicking "unsubscribe" in any email or by contacting kristian@romero.nyc. Opting out does not affect transactional or legally required communications.

10.4 CAN-SPAM Consent

By providing your email address through any Romero NYC form or tool, you consent to receive commercial email messages from Romero NYC. All commercial emails will include a valid sender identification, physical address, and opt-out mechanism as required by the CAN-SPAM Act.

General Provisions

11.1 Entire Agreement

These Terms, together with any applicable SOW and the Privacy Policy, constitute the entire agreement between you and Romero NYC regarding the subject matter herein and supersede all prior agreements and understandings.

11.2 Amendments

Romero NYC reserves the right to modify these Terms at any time. Material changes will be communicated via email or prominent website notice. Continued use of any service following the effective date of updated Terms constitutes acceptance.

11.3 Severability

If any provision of these Terms is held invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in full force.

11.4 No Waiver

Romero NYC's failure to enforce any right or provision shall not constitute a waiver of that right. Any waiver must be in writing and signed by an authorized representative of Romero NYC.

11.5 Assignment

You may not assign or transfer any of your rights under these Terms without Romero NYC's prior written consent. Romero NYC may freely assign its rights, including in connection with a merger, acquisition, or sale of assets.

11.6 Force Majeure

Romero NYC shall not be liable for delays or failures resulting from causes outside its reasonable control, including acts of God, war, government action, pandemics, or failures of third-party technology infrastructure.

11.7 Contact Information

Questions regarding these Terms should be directed to:
Romero NYC Marketing Agency LLC
Email: kristian@romero.nyc
Website: https://romero.nyc