Legal
Novarc Digital — a division of Aetherius LLC — Last updated: March 23, 2026
Please read these Terms of Service carefully. By engaging Novarc Digital for marketing services, accessing our website, or submitting your information through any form or landing page we operate, you agree to be bound by these terms.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client" or "you") and Novarc Digital, a division of Aetherius LLC ("Novarc Digital," "we," "us," or "our"), governing your use of our website at novarcdigital.com and all marketing, advertising, and AI-powered services we provide.
By signing a service agreement, making a payment, or otherwise engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you are entering into these Terms on behalf of a business, you represent that you have the authority to bind that business to these Terms.
Novarc Digital provides AI-powered marketing services for local businesses, which may include:
The specific services, deliverables, and pricing for each client engagement are defined in a separate Service Agreement or Order Form, which together with these Terms forms the complete agreement between the parties.
We will perform services using reasonable skill and care consistent with industry standards. However, we do not guarantee specific results including a particular number of leads, appointments, revenue, or return on ad spend. Marketing performance depends on many factors outside our control, including market conditions, ad platform algorithms, your offer, and your sales process.
We may use subcontractors, AI systems (including Anthropic's Claude, Google Gemini, and GoHighLevel), and third-party platforms to deliver our services. We remain responsible for the quality of work delivered under your agreement with us.
To enable us to deliver services effectively, you agree to:
Service fees are as specified in your Service Agreement. Fees are invoiced monthly in advance and are due within 7 days of invoice date unless otherwise agreed in writing.
Advertising spend paid directly to Meta, Google, or other platforms is separate from and in addition to Novarc Digital's service fees. You authorize and fund your own ad accounts. Novarc Digital does not hold or manage your ad spend funds.
Invoices not paid within 14 days of the due date may result in suspension of services. We reserve the right to charge a late fee of 1.5% per month on overdue balances. Suspended services will be reinstated upon receipt of all outstanding amounts.
All fees paid for services already rendered are non-refundable. If you cancel during a billing period, services will continue through the end of that period with no refund for the unused portion. Novarc Digital does not provide refunds for ad spend paid directly to advertising platforms.
Upon receipt of full payment for the applicable service period, Novarc Digital grants you a non-exclusive license to use ad creative, copy, and other deliverables we produce specifically for your campaigns. This license is limited to your own marketing use and does not include our underlying AI systems, templates, workflows, or proprietary methodologies.
You retain all ownership of brand assets, logos, photographs, and other materials you provide to us. You grant Novarc Digital a limited license to use these materials solely to perform the services under your agreement.
All AI pipeline systems, automation workflows, optimization processes, reporting tools, and proprietary methods developed by Novarc Digital remain our exclusive intellectual property. These Terms do not grant you any rights to our underlying technology.
We may reference your business as a client and describe general results (e.g., "a dental practice in Scottsdale") in marketing materials, case studies, and proposals. We will not disclose your specific business name without your prior written consent.
All advertising campaigns managed by Novarc Digital are subject to Meta's Advertising Policies, Community Standards, and Platform Terms. Meta reserves the right to reject, remove, or restrict any ad at their discretion. Novarc Digital is not liable for ad disapprovals, account restrictions, or platform policy changes that affect campaign delivery or results.
You represent and warrant that your business, products, services, and any claims made in advertising materials comply with all applicable federal, state, and local laws, and with the advertising policies of any platform on which we run campaigns on your behalf. You are solely responsible for ensuring your offers, pricing, and business practices are accurate, legal, and compliant.
Advertising platforms including Meta may change their algorithms, policies, pricing, and available features at any time without notice. Such changes may affect campaign performance. Novarc Digital will make commercially reasonable efforts to adapt to platform changes but cannot guarantee uninterrupted service or consistent results in the event of material platform changes.
Each party agrees to keep confidential any non-public business information disclosed by the other party in connection with the services ("Confidential Information"), and to use such information only for the purpose of performing obligations under the service agreement.
Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law or court order.
This confidentiality obligation survives termination of the service agreement for a period of two (2) years.
Novarc Digital does not guarantee any specific number of leads, appointments, revenue, or return on investment. Past performance of campaigns we have managed does not guarantee future results. Marketing outcomes depend on many variables including your market, your offer, ad platform conditions, and your sales process.
Services are provided "as is" and "as available." To the fullest extent permitted by law, Novarc Digital disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by applicable law, Novarc Digital's total liability to you for any claims arising out of or related to these Terms or the services — whether in contract, tort, or otherwise — shall not exceed the total fees paid by you to Novarc Digital in the three (3) months immediately preceding the event giving rise to the claim.
In no event shall Novarc Digital be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Novarc Digital, its officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
Service agreements require an initial commitment period as specified in your Service Agreement (typically three months for new client engagements). This commitment period allows sufficient time to build, optimize, and measure campaign performance.
After the initial commitment period, services continue on a month-to-month basis unless either party provides written notice of termination at least 14 days before the next billing date.
Either party may terminate the agreement immediately upon written notice if the other party: (a) materially breaches these Terms and fails to cure the breach within 10 business days of written notice; (b) becomes insolvent or files for bankruptcy; or (c) engages in fraudulent or illegal conduct.
Upon termination: (a) all outstanding fees become immediately due and payable; (b) we will provide you with any campaign assets and data we hold on your behalf within 30 days; (c) we will remove our access to your ad accounts and platforms within 7 business days; and (d) each party will return or destroy the other's Confidential Information.
These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our services shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings conducted in Maricopa County, Arizona.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property or confidential information.
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and notify active clients by email at least 14 days before the changes take effect. Your continued use of our services after the effective date constitutes your acceptance of the updated Terms.
Questions about these Terms should be directed to:
Novarc Digital — a division of Aetherius LLC
Email: hello@novarcdigital.com
Website: novarcdigital.com