Last Updated: March 12, 2026
By accessing or using TheMarketingConsultant.com ("the Service," "the Tool," "we," "us," or "our"), operated by Maniac Digital, LLC, a Utah limited liability company doing business in the District of Columbia, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
We reserve the right to modify these Terms at any time. Continued use of the Service after any modifications constitutes acceptance of the updated Terms. We will notify users of material changes via email or a prominent notice on the website.
TheMarketingConsultant.com is an AI-powered marketing guidance tool that provides directional marketing strategy, diagnostic analysis, and recommendations based on aggregated industry experience and proprietary frameworks. The Service may also offer access to human marketing consultants for additional guidance.
The AI component of this Service is powered by third-party artificial intelligence models, including but not limited to Anthropic's Claude API. User queries are processed through Anthropic's commercial API infrastructure. By using the Service, you acknowledge that your inputs are transmitted to and processed by Anthropic's servers in accordance with Anthropic's Commercial Terms and Privacy Policy, available at https://www.anthropic.com/policies. Under Anthropic's commercial API terms, your inputs and outputs are NOT used to train Anthropic's AI models by default.
The Service is designed to provide general marketing guidance. It is NOT a substitute for professional financial, legal, tax, accounting, or investment advice.
You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use this Service. By using the Service, you represent and warrant that you meet these requirements.
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:
All content, frameworks, proprietary methodologies, system prompts, branding, design, and other materials associated with TheMarketingConsultant.com are the exclusive intellectual property of Maniac Digital, LLC.
You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any proprietary content from the Service without prior written consent.
Outputs generated by the Service in response to your queries are provided for your personal or business use. However, the underlying frameworks, logic, and proprietary methodologies that produce those outputs remain the exclusive intellectual property of Maniac Digital, LLC.
THE SERVICE PROVIDES GENERAL MARKETING GUIDANCE AND STRATEGIC RECOMMENDATIONS ONLY. IT DOES NOT PROVIDE AND SHOULD NOT BE CONSTRUED AS:
All recommendations are based on pattern recognition, aggregated experience, and general best practices. They are directional in nature and are NOT guarantees of specific results, outcomes, revenue, profit, or performance.
You acknowledge that marketing outcomes depend on numerous factors outside the control of the Service, including but not limited to: product quality, market conditions, competitive dynamics, execution quality, timing, economic conditions, platform algorithm changes, and consumer behavior.
YOU ARE SOLELY RESPONSIBLE FOR ANY BUSINESS DECISIONS YOU MAKE BASED ON INFORMATION PROVIDED BY THE SERVICE. We strongly recommend consulting with qualified financial, legal, and tax professionals before making significant business decisions.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF THE DISTRICT OF COLUMBIA AND APPLICABLE FEDERAL LAW:
a) THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.
b) IN NO EVENT SHALL MANIAC DIGITAL, LLC, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID TO MANIAC DIGITAL, LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100.00).
d) YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE PROVIDES GENERAL MARKETING GUIDANCE AND THAT ANY ACTIONS YOU TAKE BASED ON SUCH GUIDANCE ARE AT YOUR OWN RISK. MANIAC DIGITAL, LLC SHALL NOT BE LIABLE FOR ANY BUSINESS DECISIONS, EXPENDITURES, CAMPAIGNS, HIRES, TERMINATIONS, BUDGET ALLOCATIONS, OR OTHER ACTIONS TAKEN IN RELIANCE ON THE SERVICE'S OUTPUTS.
e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Maniac Digital, LLC, its owners, members, managers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
The Service uses Anthropic's Claude API to process user queries and generate responses. By using the Service, you acknowledge and agree that:
You are advised not to input highly sensitive business data (client names, proprietary financial records, trade secrets) into the Service, as this data will be processed through Anthropic's servers. While Anthropic does not use commercial API data for model training, Maniac Digital, LLC cannot guarantee the security of data once it is transmitted to third-party infrastructure.
The Service offers the following subscription tiers, billed monthly:
The Service also provides a limited free tier of up to 3 conversations for new users prior to requiring a paid subscription.
You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds will be issued for partial billing periods.
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason, including but not limited to violation of these Terms.
Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Limitation of Liability, Indemnification, and Dispute Resolution.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of information as described in the Privacy Policy.
The Service may integrate with or reference third-party platforms, tools, and services (including but not limited to Meta, Google, Pinterest, Shopify, Semrush, etc.). Maniac Digital, LLC is not affiliated with, endorsed by, or responsible for these third-party services. Your use of any third-party service is governed by that service's own terms and policies.
a) Informal Resolution. Any dispute arising out of or related to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation by contacting us at [email protected]. You agree to attempt informal resolution for at least thirty (30) days before initiating arbitration.
b) Binding Arbitration. If informal resolution fails, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Washington, D.C. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
c) Class Action Waiver. You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Maniac Digital, LLC.
d) Small Claims Exception. Notwithstanding the above, either party may bring an individual action in small claims court in the District of Columbia if the claim falls within that court's jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Maniac Digital, LLC agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Utah, except for matters arising under DC consumer protection law, which may be brought in the District of Columbia.
Because Maniac Digital, LLC operates in and serves customers in the District of Columbia, the following provisions apply to DC-based users. In accordance with the District of Columbia Consumer Protection Procedures Act (D.C. Code § 28-3901 et seq.), nothing in these Terms shall be construed to waive any rights that cannot be waived under DC consumer protection law. If any provision of these Terms conflicts with mandatory DC consumer protection requirements, the DC requirements shall prevail to the extent of the conflict.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.
These Terms, together with the Privacy Policy, User Agreement, and any other agreements referenced herein, constitute the entire agreement between you and Maniac Digital, LLC regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.
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