Terms of Service
Last updated: December 18, 2025Tornado Digital Group Ltd, United Kingdom1. Agreement and Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between Tornado Digital Group Ltd, a limited company registered in the United Kingdom ("Company," "we," "us," or "our"), and you or the entity you represent ("Client," "you," or "your").By engaging our services, accessing our website, or accepting a proposal from us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.These Terms apply to all services provided by Tornado Digital Group Ltd, including but not limited to email marketing, SMS marketing, landing page creation, and conversion rate optimization (CRO) services.2. Services Provided
Tornado Digital Group Ltd provides done-for-you digital marketing services for eCommerce businesses, including:•Email Marketing Services — Strategy, campaign design, automation workflows, and list management using Klaviyo or similar platforms
•SMS Marketing Services — SMS campaign creation, segmentation, and integration with email workflows
•Landing Page Services — Design, copywriting, and optimization of high-converting landing pages
•Conversion Rate Optimization (CRO) — Website audits, A/B testing, and recommendations to improve conversion rates
All services are delivered through third-party platforms including but not limited to Klaviyo, SMS providers, landing page builders, and analytics tools. The Client retains ownership of their data and marketing assets.3.1 Guarantee Statement
Tornado Digital Group Ltd guarantees that our services will help eCommerce brands already generating at least $50,000 per month in email revenue generate additional monthly recurring email revenue (MRR) within the following range:$50,000 - $500,000 additional email MRR within 30 days or less, without costly paid ads.3.2 Guarantee Conditions
This guarantee is contingent upon the following conditions being met by the Client:1.Client Execution — The Client must implement all recommendations and strategies provided by Tornado Digital Group Ltd in full and in a timely manner.
2.Data Quality — The Client must provide accurate, complete, and up-to-date customer data, product information, and business metrics.
3.Platform Access — The Client must grant Tornado Digital Group Ltd full administrative access to Klaviyo, SMS platforms, landing page builders, analytics tools, and e-commerce platforms (e.g., Shopify) necessary to execute services.
4.Communication — The Client must maintain regular communication with Tornado Digital Group Ltd and respond to requests for information or clarification within 48 business hours.
5.Market Conditions — The guarantee assumes normal market conditions. Extreme market disruptions, economic recessions, or industry-specific crises may affect results.
6.Product Quality — The Client's products or services must be of reasonable quality and competitive within their market. Tornado Digital Group Ltd cannot guarantee results for products with inherent quality issues or non-competitive pricing.
7.Existing Customer Base — The Client must have an existing customer base or email list of at least 500 engaged contacts, or agree to work with Tornado Digital Group Ltd on list-building strategies.
8.Compliance — The Client must comply with all applicable laws, regulations, and platform policies (GDPR, CCPA, CASL, Klaviyo terms, etc.).
3.3 Refund Policy
If the guaranteed MRR increase is not achieved within 30 days of service commencement, the Client is entitled to a full refund of fees paid during the initial 30-day period, provided all conditions in Section 3.2 have been met.Refund Process:•Client must provide evidence of MRR (bank statements, platform analytics, accounting records) to verify results
•Tornado Digital Group Ltd will review the evidence and Client's execution of recommendations
•If the guarantee is not met and all conditions are satisfied, a full refund will be issued within 14 days
•The refund will be processed to the original payment method
Non-Refundable Items:•Third-party platform fees (Klaviyo, SMS providers, landing page builders, analytics tools)
•Domain registration or hosting fees
•Third-party design or development services
•Refunds do not include costs incurred by third-party service providers
3.4 Guarantee Exclusions
The guarantee does NOT apply if:•The Client fails to implement recommendations or strategies provided by Tornado Digital Group Ltd
•The Client does not grant necessary platform access or delays access by more than 7 days
•The Client provides inaccurate or incomplete data
•The Client fails to maintain regular communication or does not respond to requests within 48 business hours
•The Client's products or services have quality or pricing issues that prevent market competitiveness
•The Client does not have an adequate customer base or email list
•The Client violates applicable laws or platform policies
•Results are measured using non-standard metrics or methodologies not agreed upon in writing
•External factors (platform changes, market disruptions, regulatory changes) prevent execution of strategies
•The Client engages in fraudulent activity or misrepresents business metrics
4. Fees and Payment
4.1 Pricing
Tornado Digital Group Ltd offers services on a monthly retainer basis. Pricing varies based on the scope of services, number of campaigns, and level of customization required. Specific pricing will be outlined in a separate proposal or service agreement.4.2 Billing Cycle
•Services are billed monthly in advance
•Invoices are issued on the first day of each billing cycle
•Payment is due within 14 days of invoice date
•Late payments may incur a fee of 8% per annum or the maximum rate permitted by law, whichever is lower
4.3 Payment Methods
Tornado Digital Group Ltd accepts payment via:•Bank transfer (BACS)
•Credit/debit card (via Stripe or similar payment processor)
•Other methods as agreed in writing
4.4 Price Changes
Tornado Digital Group Ltd reserves the right to adjust pricing with 30 days' written notice. Price increases will not apply to existing contracts unless the contract term has expired or been renewed.4.5 Refunds and Credits
Refunds are provided only as specified in Section 3.3 (Performance Guarantee). Credits may be issued at Tornado Digital Group Ltd's discretion for service failures or errors.5. Term and Termination
5.1 Initial Term
Services commence on the date specified in the proposal or service agreement ("Commencement Date") and continue for the initial term specified (typically 30 days for the guarantee period, or as otherwise agreed).5.2 Renewal
After the initial term, services will automatically renew on a month-to-month basis unless either party provides written notice of non-renewal at least 30 days before the end of the current billing cycle.5.3 Termination by Client
The Client may terminate services by providing 30 days' written notice. Termination is effective at the end of the current billing cycle. No refunds will be issued for partial months, except as provided in Section 3.3.5.4 Termination by Tornado Digital Group Ltd
Tornado Digital Group Ltd may terminate services immediately if:•The Client fails to pay fees within 30 days of invoice date
•The Client violates these Terms or applicable laws
•The Client engages in fraudulent activity
•The Client fails to provide necessary access or information for 14 consecutive days
Tornado Digital Group Ltd may terminate services with 30 days' notice for any other reason.5.5 Effect of Termination
Upon termination:•Tornado Digital Group Ltd will cease providing services
•The Client remains responsible for all fees accrued through the termination date
•The Client retains ownership of all marketing assets, data, and campaigns
•Tornado Digital Group Ltd will provide reasonable assistance in transitioning services to another provider (up to 5 hours, at no additional cost)
•Any outstanding balance must be paid within 14 days
6. Client Responsibilities
6.1 Access and Information
The Client agrees to:•Provide Tornado Digital Group Ltd with full administrative access to all necessary platforms (Klaviyo, SMS providers, landing page builders, e-commerce platforms, analytics tools)
•Provide accurate, complete, and up-to-date business information, customer data, and product details
•Respond to requests for information or clarification within 48 business hours
•Notify Tornado Digital Group Ltd immediately of any changes to business operations, product offerings, or customer data
6.2 Compliance
The Client is responsible for ensuring that:•All customer data is collected and used in compliance with applicable laws (GDPR, CCPA, CASL, etc.)
•All marketing campaigns comply with platform policies and regulations
•The Client has the right to use all provided content, images, and customer data
•No marketing materials violate intellectual property rights or defame any third party
6.3 Data Security
The Client is responsible for:•Maintaining secure passwords and access credentials
•Notifying Tornado Digital Group Ltd immediately of any unauthorized access or security breaches
•Implementing reasonable security measures on their own systems and platforms
7. Intellectual Property
7.1 Client Ownership
The Client retains full ownership of:•All customer data and email lists
•All marketing campaigns, landing pages, and creative assets created by Tornado Digital Group Ltd
•All intellectual property related to the Client's business
7.2 Tornado Digital Group Ltd Ownership
Tornado Digital Group Ltd retains ownership of:•All templates, frameworks, processes, and methodologies developed prior to engagement
•All tools, software, and systems used to deliver services
•All general knowledge and experience gained during the engagement
7.3 License Grant
The Client grants Tornado Digital Group Ltd a limited license to:•Use Client data and campaigns solely for the purpose of delivering services
•Use anonymized data and case studies for marketing purposes (with Client consent)
•Use Client feedback and testimonials for marketing purposes (with Client consent)
8. Limitation of Liability
8.1 Disclaimer
Tornado Digital Group Ltd provides services on an "as-is" basis. While we make reasonable efforts to deliver high-quality services, we do not guarantee specific results, revenue increases, or business outcomes. Results depend on numerous factors beyond our control, including market conditions, Client execution, data quality, and external market forces.8.2 Liability Cap
To the maximum extent permitted by law, Tornado Digital Group Ltd's total liability for any claim arising from these Terms or services shall not exceed the total fees paid by the Client in the 12 months preceding the claim.8.3 Excluded Damages
Tornado Digital Group Ltd shall not be liable for:•Indirect, incidental, consequential, or punitive damages
•Loss of revenue, profits, or business opportunity
•Loss of data (except where caused by Tornado Digital Group Ltd's gross negligence)
•Reputational harm or brand damage
•Third-party claims or actions
8.4 Third-Party Platforms
Tornado Digital Group Ltd is not responsible for:•Service outages or failures of third-party platforms (Klaviyo, SMS providers, landing page builders, etc.)
•Changes to third-party platform features, policies, or pricing
•Data loss or security breaches by third-party platforms
•Compliance issues arising from third-party platform policies
9. Confidentiality
9.1 Confidential Information
Both parties agree to keep confidential any non-public information shared during the engagement, including:•Business strategies, financial information, and customer data
•Marketing strategies, campaign performance, and conversion metrics
•Pricing, terms, and other proprietary information
9.2 Permitted Disclosure
Confidential information may be disclosed if:•Required by law or court order
•Necessary to enforce these Terms
•Shared with professional advisors (lawyers, accountants) under confidentiality obligations
•The information is already public or independently developed
9.3 Case Studies and Testimonials
Tornado Digital Group Ltd may use anonymized case studies and Client testimonials for marketing purposes, provided the Client has given written consent.10. Warranties and Disclaimers
10.1 Tornado Digital Group Ltd Warranties
Tornado Digital Group Ltd warrants that:•It has the right and authority to enter into these Terms
•Services will be provided in a professional and workmanlike manner
•Services will comply with applicable laws and regulations
10.2 Disclaimer of Other Warranties
Except as expressly stated above, Tornado Digital Group Ltd makes no other warranties, express or implied, including:•Warranties of merchantability, fitness for a particular purpose, or non-infringement
•Warranties regarding specific results, revenue increases, or business outcomes
•Warranties regarding third-party platforms or services
11. Indemnification
11.1 Client Indemnification
The Client agrees to indemnify, defend, and hold harmless Tornado Digital Group Ltd from any claims, damages, or expenses (including legal fees) arising from:•The Client's use of services in violation of these Terms or applicable laws
•The Client's violation of third-party intellectual property rights
•The Client's breach of confidentiality obligations
•False or misleading information provided by the Client
11.2 Tornado Digital Group Ltd Indemnification
Tornado Digital Group Ltd agrees to indemnify, defend, and hold harmless the Client from any claims, damages, or expenses (including legal fees) arising from:•Tornado Digital Group Ltd's gross negligence or willful misconduct
•Tornado Digital Group Ltd's violation of applicable laws
•Tornado Digital Group Ltd's infringement of third-party intellectual property rights (excluding content provided by the Client)
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of England and Wales, without regard to conflict of law principles.12.2 Jurisdiction
Both parties agree to submit to the exclusive jurisdiction of the courts of England and Wales for any disputes arising from these Terms.12.3 Informal Resolution
Before initiating formal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation. If negotiation fails, either party may initiate formal proceedings.12.4 Arbitration (Optional)
Alternatively, either party may elect to resolve disputes through binding arbitration administered by JAMS or similar arbitration provider, in accordance with the Arbitration Act 1996.13. General Provisions
13.1 Entire Agreement
These Terms, together with any proposal, service agreement, or other written agreement between the parties, constitute the entire agreement regarding services and supersede all prior negotiations, understandings, and agreements.13.2 Amendments
These Terms may be amended by Tornado Digital Group Ltd at any time by posting updated Terms on our website or providing written notice. Continued use of services after amendments constitutes acceptance of the updated Terms.13.3 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.13.4 Waiver
The failure of either party to enforce any right or provision shall not constitute a waiver of that right or provision.13.5 Assignment
The Client may not assign these Terms or services without Tornado Digital Group Ltd's prior written consent. Tornado Digital Group Ltd may assign these Terms to a successor or affiliate.13.6 Notices
All notices should be sent to:Tornado Digital Group Ltd, United Kingdom. Email: legal@tornadoagency.com.For questions about these Terms, please contact:Tornado Digital Group Ltd. Email: legal@tornadoagency.com. Website: tornadoagency.com. United Kingdom