These Terms of Service (“Terms”) govern the services provided by Varsity Grind (“Varsity Grind,” “we,” “us,” or “our”) to clients, customers, businesses, organizations, and other users (“Client,” “you,” or “your”). By purchasing, subscribing to, accessing, or using our services, you agree to these Terms.
These Terms are designed to cover Varsity Grind’s core service categories, including but not limited to:
- Receipt-to-rewards campaigns.
- Customer reward and referral systems.
- Social media lead capture campaigns.
- Comment-to-DM lead magnet campaigns.
- Email marketing and nurture workflows.
- Marketing research, surveys, questionnaires, and community feedback campaigns.
- Landing pages, thank-you pages, forms, funnels, automation workflows, and related marketing systems.
- Strategic consulting, campaign setup, campaign management, and reporting.
These Terms should be read together with any proposal, invoice, service agreement, order form, statement of work, or written campaign plan provided by Varsity Grind.
1. Important Notice
Varsity Grind provides marketing, automation, lead generation, reward campaign setup, and related consulting services. We are not a law firm, accounting firm, tax advisor, financial advisor, compliance agency, consumer protection regulator, healthcare compliance advisor, or platform policy authority.
You are responsible for reviewing your campaigns, offers, customer communications, privacy practices, industry rules, advertising claims, and legal obligations with qualified professionals where appropriate.
Varsity Grind may provide practical recommendations, but our recommendations are not legal, tax, financial, medical, or compliance advice.
2. Services Provided
Varsity Grind may provide one or more of the following services depending on the package, proposal, invoice, or agreement selected by the Client.
2.1 Receipt-to-Rewards Campaigns
Receipt-to-rewards campaigns are promotional systems where a customer may receive access to a reward, incentive, gift, coupon, savings card, voucher, partner offer, or similar promotional item after completing a specified action, such as submitting a receipt, completing a form, joining a list, completing a survey, or otherwise verifying participation.
These campaigns may include:
- Reward landing pages.
- Receipt upload or receipt confirmation forms.
- Customer information forms.
- Thank-you pages.
- Email delivery workflows.
- Reward fulfillment links.
- Referral follow-up sequences.
- Customer segmentation.
- Basic reporting.
- Client-facing campaign dashboards, where applicable.
Unless otherwise stated in writing, Varsity Grind does not directly own, operate, guarantee, or control any third-party reward, hotel savings card, vacation voucher, coupon, promotional offer, affiliate offer, or partner benefit used in a campaign.
2.2 Social Media Lead Capture
Varsity Grind may create or manage social media lead capture campaigns designed to convert engagement into leads. These campaigns may include:
- Instagram carousel posts.
- Facebook posts.
- Simple promotional graphics.
- Comment-triggered lead magnet delivery.
- Automated direct message workflows.
- Landing pages.
- Lead capture forms.
- Email sequences.
- Follow-up workflows.
- Campaign reporting.
Social media lead capture campaigns may depend on third-party platform access, permissions, APIs, automations, integrations, and rules.
2.3 Marketing Research and Survey Campaigns
Varsity Grind may design and deploy surveys, questionnaires, feedback forms, research campaigns, market interest surveys, customer preference studies, community surveys, or business intelligence forms.
These services may include:
- Survey strategy.
- Survey form creation.
- Landing pages.
- Lead capture forms.
- Data collection workflows.
- Basic analysis and reporting.
- Audience segmentation.
- Offer recommendation insights.
- Research-based campaign strategy.
Varsity Grind does not guarantee that survey responses will be statistically representative, scientifically controlled, or sufficient for any regulated research purpose unless that is expressly agreed in writing.
2.4 Automation and Funnel Services
Varsity Grind may build or configure automations, funnels, forms, workflows, email campaigns, CRM pipelines, tags, triggers, dashboards, and other marketing infrastructure using third-party software platforms.
These may include tools such as CRM systems, email service providers, survey platforms, website builders, automation tools, social media tools, analytics tools, reward fulfillment tools, and other business software.
3. Client Responsibilities
You are responsible for the accuracy, legality, ownership, approval, and business suitability of all materials, offers, customer lists, claims, policies, instructions, and campaign requirements you provide to Varsity Grind.
You agree that you will:
- Provide accurate business information.
- Provide accurate offer details.
- Provide only customer data you have the right to use.
- Obtain all legally required customer consents.
- Review and approve campaign copy before launch.
- Review and approve all incentive, reward, and promotional language.
- Comply with applicable laws, regulations, industry rules, and platform terms.
- Maintain your own privacy policy and customer-facing disclosures.
- Maintain required business licenses, permits, registrations, and insurance.
- Avoid deceptive, misleading, false, or unfair marketing claims.
- Avoid instructing Varsity Grind to create or support unlawful, deceptive, or abusive campaigns.
You are responsible for your relationship with your own customers, leads, prospects, referral partners, reviewers, and reward recipients.
4. Reward Campaign Terms
Reward campaigns must be presented clearly and honestly.
You agree that all reward campaigns must disclose any important limitations, eligibility requirements, expiration dates, redemption steps, third-party terms, exclusions, purchase requirements, availability limits, or other material conditions.
Varsity Grind may help set up reward delivery systems, but you remain responsible for ensuring that the campaign offer is truthful, compliant, and appropriate for your business.
4.1 Third-Party Rewards and Partner Offers
Some campaigns may use rewards, savings cards, vouchers, affiliate offers, coupons, partner promotions, or benefits supplied by third parties.
You acknowledge that:
- Third-party rewards are subject to the third party’s own terms, rules, availability, restrictions, blackout dates, redemption requirements, and eligibility requirements.
- Varsity Grind does not control third-party reward redemption, reward availability, reward value, user experience, pricing, upgrade offers, fulfillment, customer service, or third-party platform changes.
- Varsity Grind is not responsible for the failure of any third-party provider to honor, deliver, modify, discontinue, restrict, or change any reward.
- Reward values may be promotional, conditional, limited, or subject to third-party redemption terms.
- Any representation about a third-party reward must match the actual terms provided by the third-party reward provider.
4.2 No Guaranteed Redemption or Use
Varsity Grind does not guarantee that any recipient will redeem, use, value, understand, or be satisfied with any reward, offer, coupon, voucher, savings card, or incentive.
4.3 Reward Abuse Prevention
Varsity Grind may recommend or configure reasonable abuse-prevention measures, such as validation codes, limited reward quantities, receipt checks, form restrictions, duplicate submission controls, tagging, segmentation, or manual review.
However, Varsity Grind does not guarantee that abuse, duplicate claims, fraudulent submissions, shared links, fake referrals, or invalid reward claims will be fully prevented.
You are responsible for approving the final abuse-prevention rules for your campaign.
5. Reviews, Testimonials, and Customer Feedback
Varsity Grind may support campaigns that request customer feedback, collect internal survey responses, ask for referrals, or follow up with customers after a transaction.
You agree that you will not use Varsity Grind’s services to:
- Buy fake reviews.
- Create fake reviews.
- Use AI-generated fake customer reviews.
- Hide, suppress, or manipulate legitimate negative reviews in a deceptive way.
- Threaten or pressure customers to remove negative reviews.
- Offer an incentive only in exchange for a positive review.
- Imply that a customer must leave a positive review to receive a reward.
- Misrepresent internal feedback as a public review.
- Misrepresent pre-purchase feedback as post-purchase customer experience.
- Use reviews, testimonials, ratings, or endorsements in a misleading way.
If a reward, incentive, discount, or benefit is offered in connection with feedback or a review request, the offer must not be conditioned on the review being positive, favorable, five-star, or otherwise supportive.
Varsity Grind may refuse, pause, or terminate any campaign that appears to involve fake reviews, deceptive testimonials, undisclosed incentives, review gating, unlawful suppression of negative reviews, or misleading review practices.
6. Social Media Campaigns and Platform Rules
Social media campaigns may be subject to the rules of platforms such as Facebook, Instagram, Meta, TikTok, YouTube, LinkedIn, Google, X, or other third-party platforms.
You acknowledge that:
- Social platforms may change their rules, algorithms, permissions, reach, API access, messaging limits, automation policies, ad policies, or account requirements at any time.
- Varsity Grind does not control platform approvals, reach, impressions, engagement, account standing, deliverability, or algorithm performance.
- Automated DM campaigns, comment-trigger campaigns, lead capture campaigns, and social promotions must comply with applicable platform rules.
- You are responsible for maintaining access to your business pages, ad accounts, social accounts, business manager accounts, and related assets.
- You are responsible for granting Varsity Grind the access reasonably needed to perform agreed services.
Varsity Grind is not responsible for account restrictions, suspensions, reduced reach, rejected posts, rejected ads, platform bugs, integration failures, or changes caused by third-party platforms.
7. Email, SMS, and Customer Communications
Varsity Grind may configure email, SMS, direct message, voicemail, or other communication workflows where included in the selected service.
You are responsible for ensuring that you have proper permission, consent, and legal basis to contact each recipient.
You agree that you will not provide contact lists or customer data unless you have the right to use that data for the intended campaign.
7.1 Email Marketing
Commercial emails must follow applicable email marketing laws and rules. This may include clear sender identification, accurate subject lines, truthful message content, a valid business address, and a working unsubscribe mechanism.
You are responsible for your email content, sender information, list quality, unsubscribe compliance, and honoring opt-out requests.
7.2 SMS and Text Messaging
If SMS services are included, you are responsible for obtaining proper consent before sending text messages. You are also responsible for message frequency, campaign disclosures, opt-out handling, and compliance with applicable telecommunications rules.
Varsity Grind may assist with setup, but we do not guarantee registration approval, deliverability, carrier approval, A2P approval, campaign approval, message throughput, or avoidance of carrier filtering.
7.3 Direct Messages and Social Messaging
Automated social messaging may be subject to platform-specific rules. Varsity Grind does not guarantee that all messages will be delivered, opened, clicked, or permitted by the platform.
8. Marketing Research Data
Marketing research and survey campaigns are intended to help businesses understand customer interests, community preferences, offer demand, lead quality, or market opportunities.
Unless expressly agreed in writing, Varsity Grind does not promise that research results will be statistically significant, scientifically validated, legally sufficient, or predictive of future sales.
Survey data may be affected by response bias, low participation, incentive bias, incomplete answers, inaccurate answers, duplicate submissions, poor targeting, or audience limitations.
You are responsible for how you interpret and use the results.
9. Client Data and Privacy
You retain ownership of customer data you provide to Varsity Grind or collect through campaigns created for your business, subject to any third-party platform terms.
Varsity Grind may access, process, store, transmit, organize, or display Client data only as reasonably necessary to provide services, support campaigns, troubleshoot issues, manage reporting, or comply with legal obligations.
You are responsible for:
- Maintaining an appropriate privacy policy.
- Providing legally required notices to customers and leads.
- Obtaining required consents.
- Honoring deletion, opt-out, unsubscribe, and data access requests where applicable.
- Ensuring sensitive data is not collected unless legally appropriate.
- Reviewing any form fields before launch.
Unless expressly agreed in writing, Varsity Grind does not provide HIPAA-compliant, financial-regulated, children-directed, or other specially regulated data processing services.
You must not submit protected health information, sensitive medical information, children’s information, financial account information, government identification numbers, payment card data, or other highly sensitive information into any campaign unless Varsity Grind has expressly agreed in writing and appropriate compliance measures are in place.
10. Healthcare, Med Spa, Dental, Financial, Legal, and Other Regulated Industries
Some industries have additional legal, ethical, advertising, privacy, licensing, or professional rules.
If you operate in a regulated industry, including healthcare, dental, med spa, legal, financial services, insurance, real estate, lending, education, employment, or similar industries, you are responsible for ensuring that your campaign complies with all applicable professional, licensing, advertising, privacy, and industry-specific requirements.
Varsity Grind may provide marketing and automation support, but we do not determine whether your campaign is legally sufficient for your industry.
11. Campaign Content and Approval
Varsity Grind may create copy, graphics, workflows, survey questions, landing pages, forms, emails, posts, automations, or strategy materials for your review.
You are responsible for reviewing and approving all campaign content before publication or launch.
Approval may be given by email, message, written confirmation, platform approval, payment, launch instruction, or other clear indication that the campaign is accepted.
Once approved, you are responsible for the content and claims used in your campaign.
12. Client Materials and Intellectual Property
You represent that you have the right to use all logos, trademarks, brand names, images, videos, testimonials, customer lists, copy, offers, data, and materials you provide to Varsity Grind.
You grant Varsity Grind a limited license to use your materials as necessary to provide services.
Varsity Grind retains ownership of its pre-existing templates, systems, workflows, frameworks, internal processes, documents, strategies, know-how, software configurations, campaign structures, and intellectual property unless otherwise stated in writing.
Upon full payment, and unless otherwise stated in writing, you receive a limited, non-exclusive, non-transferable right to use the final campaign materials created specifically for your business for your own business purposes.
You may not resell, sublicense, copy, distribute, reverse engineer, or commercially exploit Varsity Grind’s templates, systems, automations, documents, frameworks, or proprietary materials without written permission.
13. Third-Party Platforms and Tools
Varsity Grind’s services may depend on third-party platforms and tools, including but not limited to CRM systems, social media platforms, email providers, automation platforms, hosting platforms, analytics tools, form builders, payment processors, reward providers, affiliate platforms, AI tools, and integration services.
You acknowledge that:
- Third-party tools may change, fail, suspend accounts, modify pricing, restrict access, or discontinue features.
- Varsity Grind is not responsible for third-party outages, bugs, downtime, pricing changes, lost access, API changes, deliverability problems, or account restrictions.
- You are responsible for paying third-party subscription costs unless otherwise stated in writing.
- You are responsible for complying with third-party platform terms.
- Varsity Grind may need administrative or limited access to third-party tools to perform services.
14. AI-Assisted Work
Varsity Grind may use AI-assisted tools to help draft copy, build workflows, generate ideas, analyze survey responses, create campaign concepts, summarize data, or accelerate implementation.
AI-assisted output may contain errors, omissions, inaccuracies, or inappropriate wording. You are responsible for reviewing and approving all final content, claims, recommendations, and campaign materials before use.
Varsity Grind does not guarantee that AI-assisted materials will be error-free, compliant, original, complete, or suitable for every use case.
15. Fees, Payment, and Billing
Fees are stated in the applicable invoice, proposal, checkout page, order form, or service agreement.
Unless otherwise stated in writing:
- Fees are due according to the payment terms listed on the invoice or proposal.
- Setup fees are due before work begins.
- Monthly retainers are due in advance.
- One-time project fees may require full or partial payment before delivery.
- Late payments may pause work, delay launch, suspend reporting, or limit support.
- Third-party software, ad spend, reward costs, domain costs, hosting costs, compliance fees, and platform fees are separate unless expressly included.
Varsity Grind may change pricing for future services, renewals, or new packages with notice.
16. Refunds and Cancellations
Unless otherwise stated in writing, setup fees, strategy fees, consulting fees, completed work, custom campaign builds, digital deliverables, and monthly service payments are non-refundable.
You may cancel ongoing services according to the cancellation terms in your proposal, invoice, agreement, or subscription checkout page.
Cancellation does not remove your responsibility to pay outstanding balances for work already performed, active subscriptions, third-party charges, ad spend, or approved campaign expenses.
Varsity Grind may cancel, pause, or refuse service if:
- Payment is overdue.
- Required access is not provided.
- The campaign appears unlawful, deceptive, abusive, or non-compliant.
- The Client misuses the services.
- The Client requests fake reviews, spam, fraud, harassment, platform manipulation, or misleading campaigns.
- The Client violates these Terms.
17. No Guaranteed Results
Varsity Grind does not guarantee specific business results.
This includes but is not limited to:
- Lead volume.
- Sales volume.
- Revenue.
- Profit.
- Return on investment.
- Review volume.
- Referral volume.
- Customer redemption rates.
- Email open rates.
- Click-through rates.
- Social media engagement.
- Follower growth.
- Ad performance.
- Search rankings.
- Deliverability.
- Customer retention.
- Survey completion rates.
Marketing performance depends on many factors outside Varsity Grind’s control, including your offer, pricing, brand reputation, audience, timing, market conditions, customer demand, competition, ad budget, platform algorithms, sales process, and follow-up quality.
18. Testimonials, Case Studies, and Portfolio Use
Unless you request otherwise in writing, Varsity Grind may reference your business name, logo, campaign type, general results, screenshots, testimonials, or non-confidential project details in its portfolio, proposals, website, social media, sales materials, or case studies.
Varsity Grind will not intentionally disclose confidential customer lists, private business information, or sensitive campaign data without permission.
19. Confidentiality
Each party may receive confidential information from the other party. Confidential information includes non-public business information, campaign strategies, customer data, pricing, processes, internal documents, and proprietary materials.
Each party agrees to use reasonable care to protect confidential information and to use it only for purposes related to the services.
Confidentiality obligations do not apply to information that is publicly available, independently developed, already known, lawfully received from another source, or required to be disclosed by law.
20. Acceptable Use
You may not use Varsity Grind’s services to create, support, or distribute:
- Fraudulent campaigns.
- Fake reviews or testimonials.
- Spam.
- Phishing.
- Malware.
- Harassment.
- Hate-based content.
- Deceptive advertising.
- Illegal offers.
- Misleading income claims.
- Misleading health claims.
- Misleading financial claims.
- Unauthorized use of personal data.
- Content that infringes intellectual property rights.
- Campaigns that violate platform rules or applicable laws.
Varsity Grind may refuse or terminate any work that we reasonably believe violates this section.
21. Service Access, Credentials, and Security
You may need to provide access to websites, social accounts, CRM systems, email platforms, ad accounts, domains, hosting accounts, automation tools, or other systems.
You are responsible for maintaining account ownership, password security, user permissions, billing access, recovery methods, and administrative control of your accounts.
Varsity Grind is not responsible for lost access, account lockouts, weak passwords, unauthorized access, hacked accounts, or platform security failures unless caused directly by Varsity Grind’s gross negligence or willful misconduct.
22. Revisions and Scope Changes
Services include only the work expressly described in the applicable proposal, invoice, service package, or written agreement.
Additional requests, revisions, new pages, new funnels, new automations, new integrations, additional strategy work, custom reporting, new creative assets, or campaign changes may require additional fees.
Varsity Grind may provide reasonable minor revisions at its discretion, but unlimited revisions are not included unless expressly stated in writing.
23. Client Delays
Campaign timelines depend on timely Client cooperation.
Delays in providing access, approvals, content, credentials, offer details, customer lists, feedback, payment, or third-party information may delay project delivery.
Varsity Grind is not responsible for missed launch dates or campaign delays caused by Client inaction or third-party issues.
24. Limitation of Liability
To the fullest extent permitted by law, Varsity Grind will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, lost data, customer complaints, platform restrictions, failed campaigns, third-party failures, or reputational harm.
To the fullest extent permitted by law, Varsity Grind’s total liability for any claim related to the services will not exceed the amount you paid to Varsity Grind for the specific service giving rise to the claim during the three months before the claim arose.
Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.
25. Indemnification
You agree to defend, indemnify, and hold harmless Varsity Grind, its owners, employees, contractors, agents, affiliates, and partners from and against any claims, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorney’s fees, arising from or related to:
- Your business operations.
- Your products or services.
- Your customer relationships.
- Your campaign offers.
- Your reward terms.
- Your customer data.
- Your violation of these Terms.
- Your violation of applicable law.
- Your violation of third-party platform rules.
- Your approved campaign content.
- Your instructions to Varsity Grind.
- Your misuse of the services.
- Any claim that materials you provided infringe another party’s rights.
26. Disclaimers
Varsity Grind provides services on an “as is” and “as available” basis.
We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free performance, deliverability, campaign performance, platform approval, and third-party reward fulfillment.
27. Termination
Varsity Grind may terminate or suspend services if you violate these Terms, fail to pay, fail to provide required access, request unlawful work, misuse the services, or engage in conduct that creates risk for Varsity Grind or its partners.
Upon termination:
- You remain responsible for unpaid fees.
- Varsity Grind may stop work immediately.
- Access to active workflows, templates, dashboards, support, or managed services may be discontinued.
- Third-party platform charges may continue unless you cancel them directly.
- Any licenses granted by Varsity Grind may end if payment is incomplete or if the services are misused.
28. Dispute Resolution
Before filing a formal claim, both parties agree to attempt to resolve disputes in good faith through written communication.
Any dispute arising from these Terms or Varsity Grind’s services will be governed by the laws of the state listed below, without regard to conflict of law rules.
Governing Law: Georgia
Venue: Cobb County, Georgia
At Varsity Grind’s discretion, disputes may be resolved through mediation, arbitration, or court proceedings, as permitted by applicable law and any separate written agreement.
29. Changes to These Terms
Varsity Grind may update these Terms from time to time. Updated Terms will be posted on our website or otherwise provided to Clients.
The updated Terms will apply to future services, renewals, subscriptions, and continued use after the effective date.
30. Entire Agreement
These Terms, together with any applicable proposal, invoice, service agreement, order form, statement of work, privacy policy, or written campaign agreement, form the entire agreement between you and Varsity Grind regarding the services.
If there is a conflict between these Terms and a signed written agreement, the signed written agreement controls only for that specific conflict.
31. Severability
If any part of these Terms is found unenforceable, the remaining sections will remain in effect.
32. Assignment
You may not assign or transfer your rights or obligations under these Terms without Varsity Grind’s written consent.
Varsity Grind may assign these Terms in connection with a merger, acquisition, sale of assets, business transfer, restructuring, or use of contractors and service providers.
33. Contact Information
Questions about these Terms may be sent to:
Varsity Grind, LLC
Email: contact@varsitygrind.com
Website: www.varsitygrind.com
Mailing Address: 4400 Brownsville Rd, Suite 105 PMB 3083
Powder Springs, GA 30127
Optional Client Acceptance Language
By purchasing, subscribing to, accessing, approving, or using Varsity Grind’s services, you acknowledge that you have read, understood, and agreed to these Terms of Service.