(Last Updated: October 29, 2025)

1. Acceptance of Terms

By accessing or using any website, funnel, course, communication, or service operated by BWK Marketing, LLC (“BWK,” “we,” “us,” or “our”), including buildwithkyler.us, you (“User,” “Client,” or “You”) agree to be bound by these Terms of Service and the incorporated Privacy Policy (collectively, “Terms”). If you do not agree, you must not access or use our Services.

These Terms govern all offerings of BWK Marketing, LLC, including but not limited to:

Marketing automation and ad management services

AI chatbot, voice AI, and appointment-setting tools

Airsoft event systems and funnel templates

Educational courses, workshops, and digital products

Affiliate offers and related promotions

2. Company Information

BWK Marketing, LLC
3926 West 8010 South
West Jordan, Utah 84088
Email: [email protected]
Phone: 385-412-9669
Governing Law: State of Utah, USA

3. Description of Services

BWK Marketing, LLC provides digital marketing, automation, AI integration, training, and affiliate services. We help clients create, implement, and manage digital marketing campaigns and tools.
We may also promote or resell third-party products and services, such as Renatus, HighLevel, and other affiliate partners. When you purchase or sign up through one of our affiliate links, we may receive a commission at no additional cost to you.

4. No Guarantees of Results

Marketing outcomes depend on numerous factors, including ad budgets, market conditions, client participation, and third-party platform policies. BWK does not guarantee any specific outcome, revenue, or lead volume. All results are examples only and not promises of future performance.

5. Payment Terms & Refund Policy

All fees for Services, Courses, or Programs are due as stated at checkout or in your client agreement.
Unless otherwise required by law:

All sales are final.

Setup fees, onboarding, monthly retainers, subscriptions, and digital access fees are non-refundable once Services commence.

Cancellations after initiation of service are subject to full payment of the agreed term.

Exceptions may be granted solely at BWK’s discretion in writing.

6. Client Responsibilities

Clients agree to:

Provide accurate and lawful content, assets, and account access.

Maintain compliance with advertising and data laws.

Review and approve deliverables promptly.

Hold BWK harmless for delays or issues caused by inaccurate or missing client inputs.

7. Intellectual Property

All training materials, designs, templates, funnels, code, AI scripts, and other creative works produced by BWK remain BWK’s intellectual property unless otherwise agreed in writing.
Clients are granted a limited, non-transferable license to use deliverables solely for their own business purposes.

Client logos, testimonials, and assets remain the property of the client, though BWK may use them for marketing purposes unless the client opts out in writing.

8. Limitation of Liability

To the fullest extent permitted by law:

BWK shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, goodwill, or data.

BWK’s total liability shall not exceed the amount actually paid by the Client for Services within the previous 3 months.

BWK is not liable for third-party platform actions, ad account suspensions, or changes in policy.

9. Indemnification

You agree to defend, indemnify, and hold harmless BWK, its owners, contractors, affiliates, and agents from any claims, damages, or expenses arising from:

Your breach of these Terms,

Your violation of laws or third-party rights, or

Your misuse of our Services.

10. Communications & Consent (TCPA-Compliant)

By submitting your information through any BWK form, website, or funnel, you expressly consent to receive marketing communications from BWK Marketing, LLC and its affiliates via:

Email

SMS/text messages

Telephone calls using automated technology or artificial/prerecorded voice systems

You understand that:

Consent is not required to make a purchase.

Message and data rates may apply.

By talking to our voice/conversation AI you agree to our Privacy Policy and Terms of Service.

By by providing us or our voice/conversation AI your contact details such as Name, Email, and Phone Number you agree to receive marketing communications from BWK Marketing, LLC via email, SMS text messages, and AI or live phone calls regarding products and services that may be of interest to me. I understand that these communications may be sent using automated technology, including prerecorded or artificial voice systems, and that consent is not a condition of purchase. Message and data rates may apply. I may opt out at any time by replying “STOP” to text messages or following the unsubscribe link in emails.

You may opt out at any time by replying “STOP” to a text message, clicking an unsubscribe link in an email, or contacting us directly.

We may transfer calls to live agents when appropriate.

BWK will maintain records of your consent as required by law.

11. Affiliate Disclosure

BWK Marketing, LLC participates in various affiliate programs (including but not limited to HighLevel and Renatus). We may earn commissions when you click our links or purchase through them.
All recommendations are made in good faith and based on products or services we believe offer value.

12. Termination

We reserve the right to suspend or terminate your access to our Services at any time, with or without cause, including for violation of these Terms or misuse of our systems. Upon termination, outstanding payments remain due and payable.

13. Arbitration & Dispute Resolution

All disputes arising out of or related to these Terms or your use of our Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Venue: Salt Lake County, Utah

Governing Law: State of Utah

Each party bears its own legal costs unless otherwise determined by the arbitrator.

You and BWK waive any right to participate in class actions or jury trials.

If arbitration is deemed unenforceable, the parties agree that disputes will be heard only in the state or federal courts located in Salt Lake County, Utah.

14. Modification of Terms

We may modify or replace these Terms at any time by posting the updated version on this page. The date of the latest revision will appear at the top. Continued use of our Services after changes constitutes acceptance of the new Terms.

15. Privacy Policy

15.1 Information We Collect

We collect:

Contact information (name, email, phone number, company)

Marketing data and preferences

Payment and billing details (when applicable)

Technical data (cookies, IP address, browser type)

Communication logs (SMS, call recordings, AI interactions)

15.2 How We Use Information

We use personal data to:

Deliver and improve our Services

Provide customer support

Send marketing communications with your consent

Analyze campaign performance and website usage

Comply with legal obligations

15.3 Sharing and Third-Party Services

We may share information with:

Technology vendors (e.g., CRM, hosting, payment processors, AI platforms)

Advertising and analytics partners

Affiliate partners when required to fulfill offers

All third-party providers are required to handle personal data securely and only for the purposes we specify. BWK is not responsible for third-party misuse of information once shared under these conditions.

15.4 Cookies & Tracking

We use cookies, pixels, and tracking technologies for analytics, advertising, and remarketing. You can manage cookie preferences through your browser settings or opt out of third-party advertising cookies through industry tools.

15.5 Data Retention & Security

We implement technical and organizational safeguards, including encryption and limited access controls.
Personal data is retained only as long as necessary for the purposes described or as required by law.
We will notify affected parties of any data breach that may pose a risk to their rights or freedoms.

15.6 Your Rights & Choices

You may:

Request access, correction, or deletion of your personal data

Opt out of marketing communications

Withdraw consent for SMS, email, or AI calls at any time

Requests can be made by email to [email protected] or phone 385-412-9669.
We will respond within a reasonable timeframe as required by law.

15.7 Children’s Privacy

Our Services are not directed toward individuals under 18. We do not knowingly collect data from minors. If such data is inadvertently collected, it will be deleted upon discovery.

15.8 Cross-Border Data Transfers

If you access our Services from outside the United States, you consent to the transfer and processing of your information in the U.S., which may have data-protection laws different from those of your jurisdiction.

16. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17. Entire Agreement

These Terms, together with any signed service agreement or order form, constitute the entire agreement between you and BWK Marketing, LLC regarding your use of our Services.

18. Contact Information

Questions about these Terms or your data rights may be directed to:
BWK Marketing, LLC
Email: [email protected]
Phone: 385-412-9669
Address: 3926 West 8010 South, West Jordan, UT 84088