These Terms of Service (“Terms”) govern your use of aperiansolutions.com (the “Site”) and the services provided by M&M Solutions & Consulting LLC, doing business as Aperian Solutions (“Aperian,” “we,” “us” or “our”). “You” means the person using the Site or the business that buys our services (a “Client”). If you accept these Terms for a business, you confirm that you have authority to bind it. Our Privacy Policy explains how we handle personal information.
1. Orders and these Terms
1.1 Orders. You buy services through a proposal, order form, statement of work or other order that you sign or accept in writing, including by email or electronic signature (an “Order”). Each Order includes these Terms. If an Order conflicts with these Terms, the Order controls for that Order.
1.2 Website information. Service descriptions and prices on the Site are general information. They bind us only when they are included in an Order.
1.3 Business use. Our services are for businesses. You must be at least 18 years old and authorized to act for your business.
2. Our services
2.1 Scope. We offer Pay-Per-Lead, SEO Essentials, CRM and the Growth System, as described on the Site and in your Order. Your Order defines the scope of your services. Work outside that scope is quoted separately.
2.2 Our team. We may use employees, contractors and service providers to deliver services, and we are responsible for their work under these Terms.
2.3 Third-party platforms. Our services rely on third parties, including Google, Meta, HighLevel, phone carriers and lead partners. Their own terms apply to your use of their products. They may change features, rules or prices; reject, limit or suspend accounts, ads, listings or messages; or have outages. We aren’t responsible for their actions, but we’ll work with you in good faith to respond to them.
3. Fees, billing and taxes
3.1 Fees. You pay the fees in your Order. Recurring fees are billed monthly in advance. One-time setup fees are billed with your first month’s fees.
3.2 Autopay. You authorize us and our payment processor to charge your payment method on file for all amounts due under your Orders, including Prepaid Balance refills. You agree to keep your payment method current.
3.3 Late or failed payments. If a charge fails, we’ll notify you. If the amount isn’t paid within 5 days after our notice, we may pause services until it is paid. Overdue amounts bear interest at the lesser of 1.5% per month or the highest rate the law allows.
3.4 Taxes. Fees don’t include taxes. You pay any sales, use or similar taxes on our services, other than taxes on our income.
3.5 Price changes. We may change month-to-month prices with 30 days’ notice. Prices for a commitment term don’t change during that term.
3.6 Billing questions. If you believe a charge is wrong, tell us within 30 days of the charge. We’ll review it and correct any error.
4. Pay-Per-Lead
4.1 Quote and Lead Criteria. Before your first lead, we agree in writing on your service area, the services you offer, the lead tiers you’ll buy, the price per lead for each tier, and any other requirements you set (the “Lead Criteria”). Changes to your Lead Criteria apply to leads delivered after we confirm the change in writing.
4.2 Lead tiers.
- Tier 1 (Nurtured): a consumer we reached by phone, whose job, location and contact information we confirmed, and whom we followed up with by phone and, with their consent, by text until they told us they’re ready to book.
- Tier 2 (Consented): a consumer we reached, whose job, location and contact information we confirmed, and who agreed to be called or texted by your business.
- Tier 3 (Uncontacted): a consumer inquiry from our lead partners that we haven’t contacted or verified.
4.3 Exclusivity. We sell each Tier 1 and Tier 2 lead to you only and won’t sell or share it with another Client. Tier 3 leads are not exclusive; each may be sold to up to three businesses in total, including you.
4.4 Prepaid Balance. Pay-Per-Lead starts with a prepaid balance of $500, or the amount in your Order (the “Prepaid Balance”). We deduct each lead’s price from your Prepaid Balance when the lead is delivered. When your Prepaid Balance falls below the threshold in your Order, or below the price of your next lead if your Order doesn’t set a threshold, we automatically charge your payment method to restore it to the amount in your Order. If a refill fails, we pause lead delivery until it succeeds.
4.5 Delivery. We deliver leads by email to the address in your Order. If you also use our CRM service, we deliver them into your CRM pipeline instead. A lead is delivered when we send it. We may ask you whether leads were booked, so we can keep improving lead quality.
4.6 Leads are final. We check Tier 1 and Tier 2 leads against your Lead Criteria before delivery. A lead that met your Lead Criteria when delivered is billable and non-refundable, even if the consumer doesn’t respond, book or buy. We don’t issue credits for leads that met your Lead Criteria. Tier 3 leads are sold as-is, without any promise about accuracy, interest or whether the consumer can be reached, and are non-refundable.
4.7 Delivery errors. If a Tier 1 or Tier 2 lead did not meet your Lead Criteria when delivered (for example, it was outside your service area, asked for a service you don’t offer, or duplicated a lead we delivered to you in the previous 30 days), tell us by email within 3 business days of delivery and explain why. If we confirm the error, we’ll return that lead’s price to your Prepaid Balance. This is your only remedy for a delivery error.
4.8 Commitments. If your Order includes a 3-month or 6-month commitment, every lead price is reduced by 5% or 10%, respectively, and your Order sets a minimum monthly purchase (the “Monthly Minimum”). If your purchases in a month fall below the Monthly Minimum, we may charge the difference, unless the shortfall was caused by our inability to supply leads that meet your Lead Criteria or by our breach of these Terms.
4.9 Ending a commitment early. If you end Pay-Per-Lead before the end of a commitment, other than because of our uncured material breach, you’ll pay back the discount you received on leads already purchased during the commitment.
4.10 Stopping Pay-Per-Lead. Month-to-month Pay-Per-Lead can be stopped at any time by notice to us. We’ll stop delivering new leads within 2 business days after your notice. We’ll refund any unused Prepaid Balance within 30 days after your final lead is delivered, less any amounts you owe us.
4.11 Availability. We don’t guarantee any number of leads. Lead supply depends on your industry, service area and market conditions. We may pause or limit leads in any industry or area.
4.12 Your use of leads. You agree to:
- contact each consumer only about the service they asked about, and only in the ways they agreed to be contacted;
- comply with every law that applies to your calls, texts and emails, including the Telephone Consumer Protection Act and FCC rules, the FTC’s Telemarketing Sales Rule, the National Do Not Call Registry, Texas Business and Commerce Code chapters 301, 302, 304 and 305, and the CAN-SPAM Act;
- for Tier 3 leads, take sole responsibility for deciding whether you have the consent the law requires before calling or texting, and for checking do-not-call lists;
- honor opt-out requests, and tell us within 2 business days if a consumer asks not to be contacted, complains, or says they didn’t ask to be contacted;
- not sell, rent, share or give leads to anyone else, except service providers acting for you;
- keep leads confidential and secure, handle them under a privacy policy that accurately describes your practices, and honor privacy requests we forward to you;
- hold all licenses, registrations and insurance your trade requires; and
- not use leads for any unlawful or discriminatory purpose.
4.13 Regulated industries. We may decline or limit Pay-Per-Lead for industries with special rules, such as legal, health care, insurance, real estate and financial services.
5. SEO Essentials
5.1 Access. You give us manager access to your Google Business Profile. You remain the owner of the profile. Please don’t remove our access while the service is active.
5.2 Content. We draft and publish posts, review replies, photo updates and profile updates based on the information and guidelines you give us. You’re responsible for the accuracy of your business information and for any claims about your licenses, credentials, pricing or results. We don’t post fake reviews or ask for reviews in ways that break Google’s policies or the law.
5.3 Google controls results. Google controls rankings, visibility, verification and suspensions. We don’t guarantee any ranking or result.
5.4 Term. SEO Essentials is month-to-month and can be cancelled with 30 days’ notice. On a 3-month plan, the setup fee is waived. If you end a 3-month plan early, other than because of our uncured material breach, you’ll pay the $349 setup fee that was waived.
6. CRM
6.1 Platform. Unless your Order says otherwise, we provide your CRM as a HighLevel account under our agency account. HighLevel’s terms also apply, and HighLevel may change its features.
6.2 Your data. You own the data in your CRM (“Client Data”). We handle it as described in section 10.2. When your CRM service ends, we’ll give you an export of your contacts and pipeline data on request made within 30 days. After that, we may delete it.
6.3 Calls and texts. You’re responsible for the content of messages sent from your CRM, for having the consent the law requires to call or text your contacts, and for giving accurate information for carrier registration. Texting features switch on after carrier approval, and we don’t control how long approval takes.
6.4 Usage costs. Phone, text, email and other usage charges from HighLevel or carriers are billed as stated in your Order.
6.5 Monthly management. Monthly management covers CRM administration and pipeline upkeep, user and field changes, data cleanup, troubleshooting, small workflow changes, and a monthly reporting review. It doesn’t include unlimited custom builds; larger projects are quoted separately.
6.6 Pricing and term. CRM is month-to-month and can be cancelled with 30 days’ notice. On a 6-month plan, the setup fee is waived. If you end a 6-month plan early, other than because of our uncured material breach, you’ll pay the $599 setup fee that was waived. The $299/mo rate applies while you also buy SEO Essentials or at least $500/mo of Pay-Per-Lead. If you stop qualifying, the standard $399/mo rate applies from your next billing month.
7. Growth System
7.1 What’s included. The Growth System includes Google Business Profile management (the SEO Essentials scope), local SEO for your website, CRM setup and management (the CRM scope), Google and Meta ad management, and a monthly results review, as described in your Order.
7.2 Term. The Growth System has a minimum term of 6 months, or 12 months on the 12-month plan. After the minimum term, it continues month-to-month at your plan’s monthly price until either of us gives 30 days’ notice.
7.3 Ending early. If you end the Growth System before the end of the minimum term, other than because of our uncured material breach, you’ll pay the early termination amount in your Order. If your Order doesn’t state one, the monthly fees for the rest of the minimum term are due. On the 12-month plan, the early termination amount includes repayment of the $200/mo discount you received.
7.4 Ad spend. Amounts charged by advertising platforms (“Ad Spend”) are not included in the Growth System fee. The minimum Ad Spend is $1,000 per month. Ad Spend is paid as stated in your Order; if we pay a platform on your behalf, you’ll reimburse us. Your Order may set a maximum Ad Spend covered by the Growth System fee and a fee for Ad Spend above it. Unless your Order says otherwise, ad accounts are set up in your name, you own them and their data, and you give us access to manage them.
7.5 Website access. You give us the access we need to your website for local SEO work. You remain responsible for your website’s hosting and backups unless your Order says otherwise.
7.6 Tracking numbers. Call-tracking numbers we provide stay in our accounts. When the Growth System ends, on your request we’ll forward them to a number you choose for 30 days, or help you transfer them where the carrier allows, at your cost.
7.7 No guaranteed results. Ad platforms decide ad approval, placement and cost. We don’t guarantee any cost per lead, number of leads, rankings or sales.
8. Term and termination
8.1 Month-to-month services renew each month until cancelled as described in these Terms or your Order. Notice by email is enough.
8.2 After a commitment. When a commitment term ends, the service continues month-to-month at the standard month-to-month price, unless you sign a new commitment or your Order says otherwise.
8.3 Our right to suspend or end services. We may suspend or end services on notice if you don’t pay; if you breach these Terms and don’t fix the breach within 10 days after our notice; immediately if your breach of section 4.12 or your marketing practices create legal risk for us or for consumers; or if a platform or lead partner requires it. We may also end any month-to-month service for any reason with 30 days’ notice.
8.4 When services end, you pay all amounts owed through the end date, including any early termination amounts; we stop the services and remove our access to your accounts; we provide data exports as described in these Terms; and we refund any unused Prepaid Balance under section 4.10. Sections 3, 4.6, 4.9, 4.12, 6.2, 7.3, 8.4 and 10 through 18 continue after services end.
9. Your responsibilities
You agree to give us accurate information, and timely access and approvals. If you delay, our timelines move accordingly. You confirm that you have the rights to any content, logos and materials you give us, that your business holds the licenses it needs, and that claims about your business in materials you provide or approve are true. You’re responsible for your own contact with your customers and prospects. You agree that we may contact you by phone, text and email about your account and services.
10. Privacy and data
10.1 Privacy Policy. Our Privacy Policy describes how we handle personal information.
10.2 Data we process for you. When we handle Client Data or other personal information on your behalf, such as in your CRM, Google Business Profile, website or ad accounts, we act as your processor or service provider. We will: (a) process it only on your documented instructions and to provide the services, for as long as we provide them; (b) keep it confidential and require everyone who handles it to do the same; (c) use reasonable security measures to protect it; (d) use service providers to process it only under written contracts that require them to meet these obligations; (e) help you respond to consumers’ privacy requests and meet your obligations under applicable privacy laws; (f) notify you without undue delay after we learn of a security breach affecting it; (g) delete or return it when services end, unless the law requires us to keep it; and (h) give you the information you reasonably need to show compliance with this section, and allow reasonable assessments of our compliance. This section describes the nature and purpose of our processing, the type of data involved and its duration, as privacy laws require.
10.3 Leads after delivery. After we deliver a lead to you, you decide how to use it and are responsible for your use under the law and your own privacy policy.
11. Confidentiality
Each of us will keep the other’s non-public business information confidential, use it only to perform or receive the services, and protect it with reasonable care. This doesn’t apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is received from someone else without a duty of confidentiality. Either of us may disclose information when the law requires it, after giving the other notice where the law allows. These obligations last for 3 years after services end, and for trade secrets for as long as they remain trade secrets.
12. Intellectual property
12.1 Ours. The Site, our brand, and our templates, tools, software, AI systems, processes and know-how belong to us.
12.2 Yours. Your content, trademarks and data belong to you. You give us permission to use them to provide the services.
12.3 Deliverables. Once you’ve paid for them in full, you own the final content we create specifically for you, such as ad copy, landing page content and posts. This doesn’t include our pre-existing materials and tools. We give you a non-exclusive, perpetual license to use any of them included in your deliverables, as part of those deliverables.
12.4 Publicity. We won’t use your name or logo publicly without your permission.
12.5 Feedback. We may use any suggestions you give us to improve our services, without obligation to you.
13. Using the Site
You agree not to misuse the Site, including by interfering with it, scraping it, or submitting false information or someone else’s information. Please don’t submit sensitive personal information through the Site. We may change or remove any part of the Site at any time.
14. Disclaimers
We’ll perform our services in a professional and workmanlike manner. If we don’t, tell us within 30 days and we’ll re-perform the affected work. That is your remedy for a breach of this promise. We don’t guarantee any number of leads, bookings, sales, rankings, reviews or advertising results. EXCEPT AS STATED IN THIS SECTION, THE SITE AND SERVICES ARE PROVIDED “AS IS,” AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. Limitation of liability
TO THE EXTENT THE LAW ALLOWS, NEITHER OF US WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUE, EVEN IF ADVISED OF THEIR POSSIBILITY. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF THESE TERMS AND ALL ORDERS WILL NOT EXCEED THE FEES YOU PAID OR OWED US IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DON’T APPLY TO YOUR PAYMENT OBLIGATIONS, TO EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, OR TO LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD.
16. Indemnification
16.1 By you. You will defend and indemnify us against third-party claims, and related losses, fines and reasonable attorneys’ fees, arising from: (a) your calls, texts, emails or other contact with consumers or your customers, including claims under telemarketing, consumer protection and privacy laws; (b) your content, products, services or advertising claims; or (c) your breach of these Terms or the law.
16.2 By us. We will defend and indemnify you against third-party claims, and related losses, fines and reasonable attorneys’ fees, arising from: (a) our own calls or texts to consumers made in violation of telemarketing laws; (b) our breach of section 10.2 or section 11; or (c) a claim that materials we created for you, excluding your content and third-party materials, infringe someone else’s intellectual property rights.
16.3 Process. The party seeking indemnity must notify the other promptly, let it control the defense, and cooperate reasonably. The defending party may not settle a claim in a way that admits fault by, or imposes obligations on, the other party without that party’s written consent.
17. Governing law and disputes
17.1 Texas law. Texas law governs these Terms and all Orders, without regard to conflict-of-law rules.
17.2 Talk first. Before filing a lawsuit, the party with a dispute will send written notice, and we will both try in good faith to resolve it for 30 days. This doesn’t apply to claims for unpaid fees or requests for urgent court orders.
17.3 Venue. Any lawsuit must be brought in the state or federal courts located in Brazos County, Texas, and both of us consent to their jurisdiction.
17.4 Jury waiver. TO THE EXTENT THE LAW ALLOWS, EACH OF US WAIVES THE RIGHT TO A JURY TRIAL IN ANY LAWSUIT ARISING OUT OF THESE TERMS OR ANY ORDER.
18. General terms
18.1 Relationship. We are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
18.2 Assignment. You may not assign these Terms or an Order without our written consent. We may assign them to a successor in a merger, acquisition or sale of our business.
18.3 Events beyond our control. Neither of us is responsible for delays caused by events beyond reasonable control, such as platform outages, carrier filtering, natural disasters or government action. This doesn’t excuse payment obligations.
18.4 Notices. We send notices to the email address on your account. You send notices to hello@aperiansolutions.com. Notice is effective when sent, unless the sender receives an error message.
18.5 Changes to these Terms. We may update these Terms by posting a new version on the Site. For current Clients, material changes take effect 30 days after we email notice. Changes don’t affect prices during a commitment term.
18.6 Entire agreement. These Terms and your Orders are the entire agreement between us about their subject and replace earlier discussions and proposals.
18.7 Other terms. If any part of these Terms is unenforceable, the rest remains in effect. A failure to enforce a right isn’t a waiver. Orders may be signed electronically and in counterparts. There are no third-party beneficiaries. Headings are for convenience only.
Contact us
M&M Solutions & Consulting LLC, doing business as Aperian Solutions
Texas, USA
Email: hello@aperiansolutions.com
Phone: (979) 353-2533