1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the website at pkmgads.com and the lead generation, advertising, and related services ("Services") provided by PKMG Holdings, LLC d/b/a PKMG Ads ("PKMG", "we", "us", or "our"). By accessing the website, submitting an inquiry, or engaging PKMG to deliver Services, you agree to be bound by these Terms.
2. About PKMG
PKMG is a Florida limited liability company with its principal place of business at:
3. Eligibility
You must be at least eighteen (18) years old and have legal authority to enter into a binding contract on behalf of yourself or the entity you represent. The Services are intended for business use only.
4. Description of Services
PKMG provides paid-media lead generation for regulated verticals including, without limitation, insurance, consumer finance, subprime, legal, solar, mortgage, and Medicare. We design, build, deploy, and optimize advertising campaigns and deliver qualified consumer leads to our customers ("Customers") in real time.
5. Customer Accounts and Responsibilities
- You are responsible for the accuracy of information you provide to PKMG, including business details, payment information, target geography, and qualifying criteria.
- You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
- You agree to notify us promptly of any unauthorized use of your account.
6. Lead Delivery, Quality, and Returns
Leads delivered by PKMG are intended for the Customer that purchased them and may not be re-sold, re-distributed, or shared without our prior written consent. Specific lead specifications, cost-per-lead, return windows, and delivery method will be set forth in a separate Insertion Order or Statement of Work executed between PKMG and the Customer. In the absence of such a document, the following defaults apply:
- Returns must be requested within seventy-two (72) hours of delivery and must include a documented return reason.
- Acceptable return reasons include duplicate leads, disconnected phone numbers, invalid contact information, and out-of-criteria leads.
- Buyer's remorse, low conversion, and call non-answer are not acceptable return reasons.
7. SMS / Text-Message Communications
With your express prior consent, PKMG sends transactional and operational SMS messages to you, including real-time alerts when a new lead is delivered to your account, billing reminders, service notifications, and responses to your inquiries.
7.1 How you opt in
You may opt in to SMS messages by (a) checking an opt-in box during account onboarding, (b) replying with a confirmation keyword in response to a verification request, or (c) completing a verified opt-in flow at our request. Providing consent to receive SMS is not a condition of receiving any other goods or services.
7.2 Frequency and content
Message frequency varies based on lead volume in your account. During periods of high delivery you may receive up to 30 messages per day per active campaign. Messages may include lead summaries (lead identifier, vertical, geography, Q-score, time of receipt) and links to your reporting dashboard.
7.3 Carrier charges
Standard message and data rates may apply, depending on your mobile carrier and plan. PKMG does not charge a separate fee for SMS messages.
7.4 Opt-out and help
You may opt out of SMS communications at any time by replying STOP to any message. For help, reply HELP or email support@pkmgads.com. Opting out of SMS does not affect any other aspect of the Services.
7.5 Carrier disclaimer
Wireless carriers (including AT&T, T-Mobile, Verizon, and others) are not liable for delayed or undelivered messages. SMS delivery depends on carrier coverage and capacity outside of PKMG's control.
7.6 Use of mobile information
Mobile information collected for SMS opt-in or consent purposes will not be sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Use of mobile information is governed further by our Privacy Policy.
8. Fees and Payment
Fees, billing cycles, payment methods, and any minimum spend commitments will be set forth in a separate Insertion Order or Statement of Work. Unless otherwise stated, invoices are due net seven (7) days from the invoice date. Past-due balances accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. PKMG may suspend the Services for non-payment without further notice.
9. Compliance
Both parties shall comply with all applicable laws and regulations, including the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, the Federal Trade Commission Act, the California Consumer Privacy Act ("CCPA / CPRA"), the Florida Telephone Solicitation Act ("FTSA"), and the carrier requirements for A2P 10DLC messaging. Customer is solely responsible for the lawful use of leads delivered by PKMG, including obtaining any further consents required to contact the consumer through additional channels (such as SMS, prerecorded messages, or autodialers).
10. Acceptable Use
You agree that you will not, and will not permit any third party to:
- Use the Services in violation of any applicable law or regulation.
- Re-sell, sub-license, or share leads with any third party without our prior written consent.
- Reverse engineer, decompile, or attempt to derive the source code or algorithms of the Services.
- Interfere with or disrupt the Services or any servers, networks, or infrastructure.
- Use the Services to send unsolicited communications or to engage in fraudulent, deceptive, or harassing activity.
11. Confidentiality
Each party may receive non-public information from the other party in connection with the Services. Each party shall protect the other's confidential information using at least the same degree of care it uses to protect its own confidential information (and not less than reasonable care), and shall not disclose such information except to employees, contractors, and advisors with a need to know.
12. Intellectual Property
The Services, including all software, technology, designs, text, graphics, and trademarks, are the exclusive property of PKMG or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right to use any PKMG trademark or trade name without prior written consent.
13. Disclaimers
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PKMG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PKMG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR PRODUCE ANY SPECIFIC LEVEL OF LEAD VOLUME, QUALITY, OR REVENUE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PKMG BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF PKMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PKMG'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO PKMG IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
15. Indemnification
You agree to indemnify, defend, and hold harmless PKMG, its officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Services, (b) your breach of these Terms, (c) your contact with consumer leads delivered by PKMG, including any TCPA, FTSA, or CAN-SPAM claims, or (d) your violation of any applicable law or third-party right.
16. Termination
Either party may terminate the Services for convenience on thirty (30) days' written notice. PKMG may suspend or terminate the Services immediately upon material breach (including non-payment, fraud, or violation of Section 10). Sections that by their nature should survive termination — including Sections 11, 12, 13, 14, 15, and 17 — will survive.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any dispute arising out of or related to these Terms shall be the state or federal courts located in Miami-Dade County, Florida, and each party irrevocably consents to the personal jurisdiction of such courts.
18. Changes to These Terms
We may update these Terms from time to time. The "Last updated" date at the top will reflect the most recent change. Continued use of the Services after a change constitutes acceptance of the revised Terms.
19. Miscellaneous
- Entire agreement. These Terms, together with our Privacy Policy and any executed Insertion Order or Statement of Work, constitute the entire agreement between the parties.
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- No waiver. A failure to enforce any provision is not a waiver of the right to enforce it later.
- Assignment. You may not assign these Terms without our prior written consent. PKMG may assign these Terms freely.
- Force majeure. Neither party will be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control.
20. Contact
Questions about these Terms? Contact us at: