Terms of Service
Last updated: August 2026
1. Acceptance of Terms
By creating an account, placing an order, or using gorillaworksmarketing.com or the Platform (together, the "Services"), you agree to these Terms in full. If you do not agree, do not use the Services. If you're using the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.
2. Accounts
You must provide accurate registration information and keep it current. You are solely responsible for all activity under your account and for maintaining the confidentiality of your password. Notify us immediately at hello@gorillaworksmarketing.com of any unauthorized use. We are not liable for any loss arising from your failure to secure your credentials.
3. Orders, Pricing, and Payment
3.1 Pricing and Payment
Prices are as quoted at checkout or in your order confirmation. Payment is processed by our third-party payment processor at order confirmation, or per an agreed payment schedule for larger campaigns. You authorize us to charge your provided payment method for all fees, including applicable taxes.
3.2 Order Review and Approval
Before production, you will be shown a proof and/or order summary. You are solely responsible for reviewing all details — artwork, copy, quantities, mailing list accuracy, target zip codes, and print specifications — before approving. Your approval (via digital "approve" action, email confirmation, or failure to respond within any review window we specify) constitutes final authorization to print, and confirms you have reviewed and accept the order as shown.
3.3 Cancellation Fee
You may cancel an order at any time before it enters production, subject to a cancellation fee of 30% of the total order value, which you authorize us to charge to your payment method at the time of cancellation. This fee covers design, proofing, list processing, and administrative costs already incurred. The remaining 70% will be refunded to your original payment method within a reasonable number of business days.
3.4 No Refunds, Returns, or Cancellations Once Production Has Begun
Once an order has entered production — meaning printing, mailing-list processing, or any physical manufacturing step has begun — it is final. No refunds, credits, reprints, or cancellations of any kind will be issued once production has begun, except where required by applicable law. Materials, labor, and postage are committed and non-recoverable at that point. By approving an order under Section 3.2, you acknowledge and accept this policy.
3.5 Print Variance — Not a Defect
Direct mail production is a physical manufacturing process subject to standard industry tolerances. The following are expected, acceptable outcomes and do not constitute a defect, breach, or grounds for any refund, credit, or reprint:
- Quantity variance of up to 10% over or under the ordered quantity. If under-delivered within this tolerance, you will be billed only for the quantity actually produced.
- Color variance between your on-screen proof and the final printed piece, due to inherent differences between digital displays (RGB) and print reproduction (CMYK).
- Positional or trim variance of up to 1 inch, due to standard cutting and finishing tolerances.
- Minor variance in paper stock shade or texture between production batches.
- Delivery timing variance once mail has been tendered to USPS. We are not responsible for USPS handling, delays, or delivery failures once mail leaves our facility.
These tolerances reflect standard commercial print industry practice, are disclosed to you here in advance, and are deemed accepted by you as part of every order placed. A reprint or credit may be offered, at our sole and unreviewable discretion, only where variance materially exceeds these stated tolerances due to a demonstrable error on our part.
3.6 No Warranty on Campaign Results or Recommendations
Any recommendations, strategy suggestions, targeting advice, creative guidance, or best practices we provide (verbally, in writing, or through the Platform) — including attribution estimates, lift projections, and performance insights that may be generated by AI or statistical models — are provided as general business input only, are not guarantees, and are not a substitute for your own business judgment. We do not warrant or guarantee any specific response rate, ROI, conversion rate, lead volume, or other business outcome from any campaign.
3.7 Analytics and Reporting — Informational Only
Any analytics, dashboards, or reporting we provide (including data from connected third-party integrations such as Google Analytics) are provided "as is," for informational purposes only, and may reflect delays, third-party API limitations, estimation, or third-party data inaccuracies outside our control. We do not warrant the completeness or accuracy of any third-party data we display, and are not liable for decisions you make based on it.
3.8 Disputes and Chargebacks
By approving an order under Section 3.2, you agree to resolve any billing concerns directly with us before initiating a chargeback, and agree not to dispute or charge back any payment for an approved, produced order except in cases of confirmed unauthorized/fraudulent use of your payment method. Initiating a chargeback in violation of this section may result in immediate account suspension.
4. Uploaded Content and Intellectual Property
4.1 Your Ownership
You retain all ownership rights in designs, artwork, logos, copy, mailing lists, and other materials you upload ("Your Content").
4.2 License to Us
You grant Gorilla Works a limited, non-exclusive, royalty-free license to reproduce, print, mail, and otherwise use Your Content solely to fulfill your orders and operate the Services (including generating proofs and campaign records).
4.3 Your Warranty and Indemnification
You represent and warrant that: (a) you own or have all necessary rights and permissions to Your Content and to the mailing lists you provide; (b) Your Content does not infringe any third party's intellectual property, publicity, or privacy rights; (c) Your Content and campaign do not violate any applicable law, including but not limited to USPS mailing regulations, CAN-SPAM, TCPA, or state deceptive-practices laws. You agree to indemnify, defend, and hold us harmless from any claim arising from Your Content or your breach of these representations.
4.4 Our IP
The Platform, our software, templates, methodologies, and reporting tools (excluding Your Content and your underlying business data) are our exclusive intellectual property. No license to them is granted except the right to use the Services as intended.
5. Third-Party Integrations
Connecting a third-party integration (e.g., Google Analytics, Google Ads, Meta/Facebook, Instagram) is optional and fully within your control; you may disconnect at any time via your dashboard or directly through the third-party platform's own account settings.
The scope of our access depends on the integration: some (such as Google Analytics) are read-only and used solely to generate reporting. Others may include additional permissions — for example, the Google Ads connection uses the https://www.googleapis.com/auth/adwords OAuth scope, which may grant the technical ability to read and write Google Ads account data (including creating, editing, and deleting campaigns and ads) as authorized by you through the OAuth connection flow; similarly, a Meta connection may include permissions to manage ad accounts, create and manage ads, or upload and publish content. In both cases, we only use those broader permissions where you've specifically requested that we manage ads or content on your behalf. Absent that request, we use connected integrations solely to pull performance data for reporting and attribution purposes.
We are not responsible for the availability, accuracy, security practices, or policies of any third-party service you choose to connect, and are not liable for any issue arising from that third party's platform. See our Privacy Policy for details on what data we collect through each integration, how we use it, and how to request its deletion.
6. Acceptable Use
You agree not to: use the Services for any unlawful, fraudulent, or deceptive purpose; upload content that infringes third-party rights or violates law; attempt to access another client's account, data, designs, or integrations; probe, scan, or attempt to circumvent the Services' security or account isolation; reverse-engineer or resell the Platform; or use the Services to send content violating USPS regulations or applicable marketing law. Violation may result in immediate suspension or termination.
7. Multi-Client Data Isolation
Each client's account, data, uploaded designs, and integrations are logically isolated and accessible only to that client's authenticated session, as described in our Privacy Policy. Attempting to access, probe, or circumvent this isolation is a violation of these Terms and may be reported to relevant authorities where appropriate.
8. Service Availability
We aim for reliable availability but do not guarantee uninterrupted, timely, secure, or error-free operation of the Services. We may modify, suspend, or discontinue any part of the Services at any time, with reasonable notice where practicable.
9. Disclaimers
THE SERVICES, INCLUDING ALL RECOMMENDATIONS, ANALYTICS, REPORTING, AND CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
We do not warrant that the Services will meet your requirements or that any data, recommendation, or analytics output will be accurate, complete, or current.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (A) GORILLA WORKS MARKETING'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM; AND (B) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST BUSINESS, OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.
11. Termination
You may close your account at any time. We may suspend or terminate your account for violation of these Terms, non-payment, fraud, or unlawful use, without refund of amounts already owed under Section 3. Sections 3.4–3.8, 4.3, 9, 10, and 12 survive termination.
12. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Services shall be resolved exclusively in the state or federal courts located in Washington State, and you consent to personal jurisdiction there, except where applicable consumer protection law requires otherwise.
13. Changes to These Terms
We may update these Terms at any time; the "Last updated" date will reflect changes. Continued use of the Services after changes constitutes binding acceptance of the revised Terms.
14. Entire Agreement; Severability
These Terms (together with our Privacy Policy) constitute the entire agreement between you and Gorilla Works Marketing regarding the Services. If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
15. Contact Us
Gorilla Works Marketing
Email: hello@gorillaworksmarketing.com
For information about government and law enforcement data requests, read our Government & Law Enforcement Request Policy.