Terms & Conditions - Tiny Tomato Design

Terms and Conditions

Acceptance of Terms
By purchasing services from Tiny Tomato Design via our website, invoice, or other channels, or by otherwise using the services offered by Tiny Tomato Design (“Company”), you (“the Client”) agree to the terms and conditions (“Terms”) stated herein.
Services
The Company offers a wide range of digital branding and marketing services specialized for real estate professionals, including but not limited to: logos, branding, lead generation, marketing, website design and set up, copywriting, online advertising, social media management, print media, business stationary, marketing material, merchandise, email marketing (“Services”).
Pricing and Payment
Pricing is determined on a case-by-case basis. A non-refundable 35% deposit is required to initiate work, with the remaining balance due either upon project completion or within 30 days, unless specified otherwise. If the project extends beyond 30 days or the specified timeframe, an additional 90-day window (after full payment) is provided for project completion. Your full engagement and commitment within the specified timeframes are essential. We understand that unforeseen circumstances may arise; in such cases, please promptly notify Tiny Tomato Design within the 90-day period for potential refunds. Failure to do so will void any opportunity for refunds, as none can be issued after this 90-day period. These policies are crucial to maintaining Tiny Tomato Design’s demanding schedule and ensuring long-term business sustainability. Late payments may incur additional fees, and we reserve the right to terminate services for non-compliance with these terms. Payment details and terms are specified in the initial quote, email correspondence, and/or the deposit invoice.
Intellectual Property
All work produced by the Company remains the intellectual property of the Company. This includes proprietary designs that cannot be replicated by anyone else. While clients retain ownership and copyright of the final product, the Company reserves the right to use any and all work in its portfolio and other promotional materials. The Company will honor client requests to withhold certain personal details, such as addresses, phone numbers, or emails, if requested prior to the start of the project.
Client-Supplied Content and Copyright
All materials provided by the client for inclusion in the project (including but not limited to images, text, and fonts) must be either owned by the client or accompanied by the appropriate permissions for use. By supplying such materials, the client affirms they have the right to use them and agrees to indemnify the Company against any copyright infringement claims arising from the use of these materials. The client further acknowledges their responsibility to conduct final checks on the completed project, including but not limited to, the logo design, to ensure it meets their approval and complies with all relevant copyright laws.
Guarantees
To be eligible and covered under any guarantee, the Client must have officially been offered the guarantee in writing and accepted it as part of their signed package agreement. Guarantees are not automatically included with all services, and just because a guarantee is advertised or promoted does not mean the Client purchased that package or is eligible. Advertising of a guarantee is not binding across all services; the Client must be formally offered, approved, and confirmed in writing as eligible. The Listing Opportunity Guarantee ensures a minimum of 100 listing opportunities (leads) within 90 days following a 30-day learning phase. It is important to clarify that a ‘listing opportunity’ refers to the generation of a lead, which is defined as the acquisition of a name, phone number, and email address. These leads may represent potential buyers, sellers, or other generated. A lead remains classified as a ‘listing opportunity’ even if the contact information provided is incorrect or incomplete. Should the Company fail to meet this guarantee, they will work for free until the goal is met or offer a $1k compensation. The Money-Back Guarantee offers a full refund if the client finds themselves dissatisfied with the services rendered by the Company. This condition holds valid either upon the completion of the project/item or within a window of 30 days. The Money-Back Guarantee may only be requested at final submission or final delivery of the agreed deliverable(s), and cannot be activated mid-process, during concept stages, or while work remains ongoing. To activate this clause, the client is required to formally articulate their discontent in written documentation within the 30-day window; any request made after 30 days is void with no exceptions. For clarity, within this 30-day window Tiny Tomato Design reserves the right to continue refining, revising, and amending the design until the client is fully satisfied, and shall be given a reasonable opportunity to remedy the Client’s concerns prior to any refund being considered. Project completion shall be determined when Tiny Tomato Design concludes, in good faith, that the agreed deliverable(s) have been supplied and that all reasonable refinements have been completed, including the full allocation of included revision rounds and refinement time, or where further changes requested by the Client are minor, repetitive, subjective, outside the original scope, or would require additional billable work. The Client acknowledges that creative work is inherently subjective, and that differences in personal preference do not constitute non-delivery or failure of service. It is imperative to note that once the client bestows their approval on any item, whether through verbal communication or electronic mail, they subsequently relinquish any right to reverse their decision or express dissatisfaction pertaining to the approved item at a later date. From that point forward, the client’s eligibility for a refund under the Money-Back Guarantee is strictly limited to the items that remain unapproved, provided it is still within the 30-day window. Where a Client refuses, fails, or unreasonably delays engagement in the decision-making process (including providing feedback, approvals, content, or direction), refund eligibility is void. If the Client fails to respond within 14 days to any request for feedback, approvals, or required assets, all guarantee eligibility and refund eligibility is void. Change-of-mind refunds are not permitted, and where the Client decides they no longer want the Services, no longer wishes to proceed, or changes direction for personal or business reasons, the Money-Back Guarantee is void. The Money-Back Guarantee includes a maximum of two (2) revision rounds and up to two (2) hours of refinements per deliverable; any additional revisions or refinements are billable at Tiny Tomato Design’s standard hourly rate. NOTE: Guarantees apply only where specifically included in the Client’s signed package; eligibility must always be confirmed in writing. For clarity, ‘Take-It-or-Leave-It’ means the Client may decline a final presented concept within the eligible window, while Tiny Tomato Design reserves the right to continue producing and refining further concepts and revisions in good faith until the branding is complete.
Website Hosting and Maintenance
Website hosting and maintenance service offered by the Company becomes void if anyone other than the Company edits or modifies the site. The Company uses third-party themes and plugins for its web design services and holds no responsibility for third-party failures or obsolescence.
Third-party applications
The Company uses third-party applications and plugins for web design services. While we make every effort to integrate these tools, the Company is not responsible for issues arising from these third-party applications, including but not limited to IDX feeds, RealtyPress, and DDF feeds.
Approved Partners & Collaboration
Tiny Tomato Design may, where appropriate, collaborate with carefully selected and approved partners to assist in the delivery of certain services. All strategy, keyword selection, and overall direction remain under the control and management of Tiny Tomato Design, with partners engaged solely for implementation support. Any examples, case studies, or performance metrics showcased by Tiny Tomato Design may reflect results achieved either directly by our team and/or through approved partners working under our direction.
Quality Control
While the Company implements stringent Quality Control measures, we hold no responsibility for any errors in final marketing materials. Clients are required to provide final proof, approval, and sign-off. The same applies to broker requirements or Realtor^® rules. While the Company employs rigorous quality control measures and strives for originality in all designs, we acknowledge the challenges of creating entirely unique designs in a market with potential for common themes, especially in initials, icon logos, and real estate style logos. The client recognizes that despite our best efforts, absolute uniqueness in design cannot be guaranteed, and similarities to existing market designs may unintentionally occur.
Fonts and Printing
Fonts used by the Company are not provided to clients, and any necessary work involving fonts must be done by the Company unless the client purchases rights. The Company is not responsible for any discrepancies between approved on-screen designs and final prints, as we work strictly in RGB. Clients should work directly with professional printers to achieve desired print results. For designs requiring specific fonts, the Company will use licensed fonts within the scope of our services. Should the client wish to use a specific font not already licensed by the Company for DIY purposes or otherwise, it is the client’s responsibility to acquire and provide proof of the necessary licensing for that font’s use. This ensures compliance with copyright laws and respects the intellectual properties of font creators.
Claims and Representations
The Company’s usage of the term “leading” and phrase “Canada / US Leading Agency” does not imply ranking but reflects our commitment to quality, price, and results. Our claims of being in business for 12 years and generating $127 million in gross income refer to the career of our founder, Kym Dyson, including all his previous businesses, not just Tiny Tomato Design. All client, revenue, and project numbers stated on our website or marketing materials are approximations and represent cumulative totals across all ventures involving our founder and team.
Indemnification
The client agrees to indemnify and hold harmless the Company and its agents, officers, and employees from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your use of the Company’s Services.
Dispute Resolution
Any dispute arising out of or related to these Terms and Conditions or the Services provided by the Company shall be settled by arbitration in Adelaide, South Australia, in accordance with the rules of the Australian Centre for International Commercial Arbitration then in effect. Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy.
Termination of Services
The Company reserves the right to terminate any Services for any reason at any stage with a written notice of 14 days. In the event of termination, all outstanding payments are due immediately.
Limitation of Liability
In no event shall the Company be liable for any indirect, special, incidental, consequential, or punitive damages (including lost profits) arising out of, relating to, or connected with the use of, or inability to use the Services, or for any claim by any other party, even if the Company has been advised of the possibility of such damages. The Company’s total liability for any claim arising out of or relating to these Terms or our Services shall not exceed the amount paid by the client for the Services.
Refund Policy
Unless covered by the Money-Back Guarantee, all payments to the Company are non-refundable. Services interrupted or terminated due to the client’s violation of these Terms will not be refunded.
Exclusive Rights and Restrictions
All designs, marketing materials, and other work produced by Tiny Tomato Design are the exclusive property of Tiny Tomato Design and the client. These works are protected under intellectual property laws and cannot be shared, copied, reproduced, or sold by anyone other than the client or Tiny Tomato Design. Any unauthorized use, distribution, or reproduction of our work is strictly prohibited and will be prosecuted to the fullest extent of the law. All rights reserved by Tiny Tomato Design and the client for their respective contributions.
Ownership and Usage of Work
Unless covered by the Money-Back Guarantee, all payments to the Company are non-refundable. Services interrupted or terminated due to the client’s violation of these Terms will not be refunded.
Image Use Disclaimer
Some imagery displayed throughout this website is used exclusively for the purpose of conceptual visualization. These images are neither offered for sale nor utilized for direct commercial promotion. Our showcased designs represent the unique and original work of our team, enhanced with photographic content to envision potential applications and design concepts. Their inclusion is intended solely to aid in conveying the possible aesthetics and functionalities of our designs. We plan for these images to be substituted with appropriately licensed imagery or imagery supplied directly by clients before any public or commercial use of the final products. The usage of these images on our website is strictly confined to demonstrating design capabilities and potential. We strictly prohibit the reproduction, redistribution, or any form of use of these images outside the context provided here, without obtaining the necessary rights or permissions from the rightful copyright holders. Photography used for conceptual purposes has been approved by our clients, or clients have supplied images they claim to have rights to. If there are any concerns or issues with the images used, please reach out to us directly, and they will be addressed promptly.
Refund Policy
Tiny Tomato Design retains ownership of all original design and marketing materials, including but not limited to native working files. These files are proprietary and remain the intellectual property of Tiny Tomato Design indefinitely. We do not provide native working files as part of our standard service offerings. However, under certain circumstances, Tiny Tomato Design may agree to release specific files to the client for a fee, determined at Tiny Tomato Design’s discretion. This ensures that the integrity and exclusivity of our work are maintained, while also providing flexibility to meet our clients’ needs.
Special Provisions for Listing Presentations, Buyers Guides, and Marketing Materials
Our listing presentations, buyers guides, and other specialized marketing materials represent significant intellectual property value, estimated at $5000 each due to the extensive research, design, and development involved. Tiny Tomato Design retains full ownership of these materials, including native files, to prevent unauthorized copying and distribution. We offer these materials at a substantially reduced rate, reflecting only our hourly rate for customization and branding for individual agents. This allows agents to whitelist the material (granting full copyrights for their use, one per agent) without accessing the native files. The provision of print-ready and digital e-mailable PDFs grants agents all necessary rights for their use. Our policy is designed to protect the investment and intellectual labor that Tiny Tomato Design has put into these materials, ensuring that they can be offered to our clients at an exceptional value. Rest assured, your customized files will be securely stored on our server for future access and amendments by Tiny Tomato Design.
Subscription Services
Our subscription-based services are offered on a recurring billing cycle, with the specifics of the billing frequency and scope of services detailed in each client’s individual agreement. Depending on agreement clients may cancel their subscription with a 30 day written notice prior to the next billing cycle. Tiny Tomato Design reserves the right to terminate any subscription at any time. In such cases, clients will be provided with a prorated refund based on the unused portion of the service, unless the termination is due to a violation of these Terms and Conditions, in which case no refund will be issued.
Service Termination
Tiny Tomato Design may terminate services, including but not limited to subscriptions and funnels, at its sole discretion. Clients will be notified of such termination with a 7 day notice. Upon termination, all outstanding work will be delivered to the client in its current state, and no additional work will commence. If the termination is not due to a client’s breach of these Terms and Conditions, a prorated refund for prepaid but undelivered services may be issued.
Service Level Agreements (SLAs)
For services requiring ongoing support or maintenance, Tiny Tomato Design commits to meeting the service levels as specified in the individual client agreements. These SLAs outline our response times and the quality of service clients can expect.
Changes to Services Offered
We continually evolve our services to stay ahead of market trends and to provide the best value to our clients. Tiny Tomato Design reserves the right to modify, replace, or discontinue any services listed, at our discretion, provided that clients are given reasonable notice of such changes.
Privacy Policy
The client’s use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.
Force Majeure
Neither party will be liable for inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (e.g., natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disturbance).
Updates to Terms and Conditions
The Company reserves the right to modify these Terms and Conditions at any time. Continued use of our Services after a change in the Terms constitutes agreement to the revised Terms. Clients are advised to review these Terms periodically for any updates or changes.
Call Recording
Tiny Tomato Design may record voice and video calls for training, quality assurance, and internal educational purposes. By participating in any call, the Client provides consent to such recording. Recordings will be stored securely and will not be publicly shared without Client permission, unless required by law.

By using our Services, you agree to these Terms and Conditions. If you do not agree with these terms, please do not use our Services. The Company reserves the right to modify these terms and conditions at any time.

Last Updated: November 23, 2018

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Performance-Based Lead Generation (Nimble Ninja System)

1. SCOPE OF WORK

By purchasing services from Tiny Tomato Design via our website, invoice, or other channels, you (“the Client”) agree to the following Terms and Conditions of Purchase.

Tiny Tomato Design (“the Service Provider”) grants the Client access to its proprietary Lead Generation System (the “System”) for the purpose of advertising and lead generation. This engagement will be under the personal guidance of Kym Dyson, our Founder, ensuring one-on-one coaching to expedite the Client’s growth to their desired GCI. The Service Provider will manage and optimize the System on the Client’s behalf, covering all associated ad spend within the agreed upon all-inclusive package, ensuring full transparency and no hidden fees.

2. PAYMENT TERMS & PRICING MODEL

Pay Per Close Model

A one-time setup fee of $2,900 (discounted from the standard $9,000) covers the full system build, onboarding, and campaign launch. This fee is non-refundable—even if the Client decides not to proceed after signing. However, once the campaign is live, it is backed by a performance-based money-back guarantee (guaranteed listings and positive ROI), provided all outlined conditions are met.

All ad spend is billed separately through the Client’s own ad account and paid directly via the Client’s nominated credit card for full transparency and control.

A success-based fee of 15% of the gross commission earned on any closed deal originating from a lead delivered by the Service Provider. This payment is due immediately upon the sale of the property, not upon receipt of cleared funds. Delays due to cash flow or financing are not the responsibility of the Service Provider.

For any property placed under contract (including conditional offers), the Client must provide the full property address, client name, contact phone number, and email within 24 hours of signing.

The Client must notify the Service Provider of any closed sale within 4 hours of confirmation. Failure to do so will result in a $89 penalty per 24-hour period, void any performance-based guarantee, and may result in the Client’s funnel being paused or cancelled at the sole discretion of the Service Provider.

Any delay, omission, or misrepresentation of a listing or sale—regardless of intent—will be considered a breach of this Agreement.

There are no additional monthly retainers, fees, or hidden charges. This ensures full alignment of incentives and complete clarity of financial obligations.

50/50 Partnership Plan

The Client agrees to a results-based, transparent pricing model structured as follows:

This model operates under a 50/50 partnership, where the Service Provider supplies the proprietary marketing system, creative assets, funnel build, automation, and intellectual property, and the Client agrees to fund the ad spend component.

The Client agrees to a minimum ad spend of $2,000 per month, charged automatically on the same date as the campaign launch using the payment method on file. This ad spend commitment is required for the full duration of the agreement.

The Client commits to an initial 3-month contract, significantly reduced from the standard 12-month term. After this period, the agreement transitions to a month-to-month model, cancellable at any time with 30 days’ written notice. Billing continues through the 30-day notice period until cancellation is confirmed in writing.

This structure ensures a fair, shared-investment model while providing flexibility for the Client and protecting the Service Provider’s system, time, and spend.

There are no additional retainers, platform fees, hidden charges, or long-term lock-ins beyond what is outlined above. This ensures full alignment of incentives and complete clarity of financial obligations.

3. THIRD-PARTY APPLICATIONS

The Service Provider utilizes third-party applications and plugins to enhance service delivery. However, the Service Provider is not responsible for any issues that arise from these third-party tools, including but not limited to TextMagic, Zapier, Mailchimp, Calendly, WordPress, Meta, Google, etc.

4. QUALITY CONTROL

The Service Provider employs comprehensive quality control measures, meticulously addressing legal aspects and regulatory compliance. Despite these efforts, ultimate responsibility for approving materials, including adherence to broker requirements and Realtor® rules, resides with the Client. Upon launch, the Client’s purchase and continued use of the service signifies complete satisfaction with the marketing system in its entirety. Consequently, the Service Provider bears no liability for errors in the final materials post-launch. Modifications to the materials can be made at any point, subject to the Client’s request.

5. AREA LOCK AND EXCLUSIVE SERVICE PROVISION

Upon activation, the Service Provider may grant an Area Lock to the Client for specific postcode(s), typically covering a total population of up to 100,000 people. These postcode(s) will be confirmed in writing at the time of onboarding. Within this locked area, no services will be launched or delivered to any other realtors, brokers, or agents, ensuring full exclusivity for the Client.

This exclusivity is strictly limited to the defined Area Lock. Under no circumstances is the Client permitted to launch, promote, or run ads in any other area or postal region outside the agreed Area Lock. Any request to expand into a new area must be submitted in writing and is subject to approval by the Service Provider. Approval may be denied at the Service Provider’s sole discretion based on ethical obligations and the need to protect performance outcomes for all clients. Unauthorized activity outside the approved Area Lock will result in an automatic penalty of $50,000, payable immediately to compensate for breach of territory and operational integrity.

To maintain the Area Lock, the Client must be actively running advertising campaigns through the Service Provider’s system. Failure to maintain ad activity will void the Area Lock, releasing the territory to other agents or competitors on a first-come, first-served basis.

The Area Lock remains in effect only for the duration of the active service period.

6. EXCLUSIVE FIRST-ACCESS TO INNOVATIVE FEATURES

The Client will receive priority access to new features and system updates. This enables the Client to leverage cutting-edge marketing innovations ahead of general release and provide feedback that may shape ongoing development.

7. REPORTING AND TRANSPARENCY

The Service Provider commits to full transparency in all campaign operations. Performance data is made available through shared access to advertising platforms. Additional Excel-based reporting or performance breakdowns may be made available upon request or as part of enhanced packages.

The Client is expected to submit monthly updates outlining lead follow-up outcomes and closed deals resulting from provided leads. This exchange of information ensures both parties remain aligned and allows for collaborative strategy adjustments to improve performance and ROI.

8. SERVICE LEVEL AGREEMENT (SLA)

The Service Provider is committed to maintaining quality standards and performance benchmarks, including but not limited to timely responses to client inquiries, reasonable turnaround for performance-related updates, and support for lead quality and volume within agreed parameters. These service standards may be reviewed and adjusted periodically with mutual consent to ensure continued excellence and responsiveness.

9. TERMINATION

This service does not operate under a subscription model. Upon payment of the setup fee and activation of services, the Client may choose to discontinue at any time by providing written notice. Cancellation results in the forfeiture of Area Lock rights, ongoing service support, and future campaign optimization.

There are no refunds of the setup fee under any circumstances. The Service Provider reserves the right to terminate services immediately in the event of breach of terms, non-payment, unauthorized use of the System or leads, or ethical violations.

10. INTELLECTUAL PROPERTY

The System, along with all related content, materials, strategies, templates, and frameworks, is the exclusive intellectual property of the Service Provider. The Client is granted a limited, non-exclusive, non-transferable, location-specific license to use the System only within the boundaries of their assigned Area Lock.

The Client may not replicate, resell, reverse-engineer, adapt, or apply the System or any portion of it outside the scope of this agreement. This includes sharing assets with third parties or using them in additional regions without prior written approval.

Upon termination of services, the Client must cease all use of the System and permanently delete any materials provided. At no time does the Client gain ownership of any materials, content, or proprietary processes.

11. CLIENT RESPONSIBILITIES

The Client acknowledges that the success of any lead generation campaign is dependent on timely, consistent, and strategic follow-up. To maintain eligibility for any performance-based guarantees or refund considerations, the Client agrees to the following minimum activity standards, timing requirements, and documentation responsibilities. Failure to meet any of the requirements in this section will immediately void all performance-based guarantees, refund eligibility, or complaints regarding lead quality or campaign performance. The burden of proof rests entirely with the Client, and absence of documented proof will be deemed non-compliance.

A. Follow-Up Cadence (Proof Required)

For each lead delivered by the Service Provider, the Client must provide proof of:

12 phone call attempts, spaced out over different days and times.
Once contact is made, a further 12 follow-up touches (calls, texts, emails, or voicemails) until a clear, final “YES” or “NO” is obtained.
6 follow-up text messages.
6 emails or voicemails.
All follow-up activity logged with date/time stamps (CRM screenshot, call log export, or email/SMS transcripts).
At least 50% of all first-call attempts each month placed within 30 minutes of lead generation, with the remainder no later than 60 minutes.
If contact is not made, proof of voicemails left that include a value-based offer (e.g., checklist, guide, or free home evaluation).
If contact is made, evidence of objection handling efforts (e.g., call recordings, Zoom call notes, or written summaries showing objections raised and how they were addressed using provided scripts or frameworks).

B. Objection Handling & Qualification (Proof Required)

The Client must demonstrate a good-faith effort to:

Apply objection-handling strategies from the Nimble Ninja System or provided coaching materials.
Explore multiple angles to uncover the true reason behind hesitation or lack of action.
Re-offer ethical bribes such as checklists, guides, and market evaluations during follow-up.
Confirm whether the lead is:
- Moving forward
- Delaying
- Selling with another agent
- Not selling at all

Only once a clear, hard “NO” is received and documented (call log, transcript, screenshot, or email) is the lead considered fully worked.

C. Listing Presentation & Offer Usage

In cases where the lead progresses to a listing presentation, the Client must show evidence that:

A Titan Offer or value-based offer was presented (e.g. 30-day sale guarantee, staging bonus, commission incentive).
Key presentation materials were used, including a content offer (checklist, guide, etc.) and proof of authority (testimonials, market data, insider tips).
The Client delivered a clear value proposition and pricing strategy.
A call-to-action or next-step was clearly offered and the lead declined or deferred.

Failure to apply and document the above removes eligibility for refund or complaint about campaign performance.

D. PDF-Based Refund Checklist (Provided Upon Request)

In the event of a refund request or performance dispute, the Client will be asked to submit a completed PDF checklist that includes:

Lead tracking log with all timestamps (calls, texts, emails)
Screenshots or exports of outreach activity
Recordings or summaries of key objections and rebuttals
Confirmation of ethical bribes offered and delivered
Listing presentation materials and proof of delivery
Screenshot or transcript of the final “No” or competitor engagement

Refund or guarantee eligibility is only reviewed once this complete evidence package is received.

E. Video Ad Submission (Required Within 14 Days of Campaign Launch)

To support creative testing and optimize performance across video platforms such as YouTube and Facebook, the Client must submit required video content within 14 days of the campaign launch date.

The Service Provider will provide a script and clear instructions. The Client must record either a talking-head video or a voiceover following the script and deliver the file (via email or designated upload method) by the deadline.

This is a mandatory step for full campaign performance and eligibility under the performance guarantee.

Failure to meet this deadline will:

Limit the Service Provider’s ability to split test and scale video-based campaigns
Negatively affect campaign performance and learning phase outcomes
Void any eligibility for refunds, performance-based guarantees, or complaints related to campaign results

Extensions may only be granted under exceptional circumstances, at the sole discretion of the Service Provider, and must be requested in writing before the deadline.

12. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless the Service Provider, its directors, employees, and contractors, from and against any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of breach of these Terms, misuse of the System or leads, or negligent conduct or false advertising initiated by the Client.

13. DISPUTE RESOLUTION

In the event of a dispute, the Client and the Service Provider will first attempt to resolve the issue through good-faith negotiation. If the dispute remains unresolved, either party may escalate the matter to formal mediation or arbitration, to be conducted in Vancouver, British Columbia, Canada, before any legal proceedings are initiated.

14. LIMITATION OF LIABILITY

The Service Provider is not liable for any indirect, incidental, punitive, or consequential damages of any kind. Liability is strictly limited to the terms of any written guarantee or agreed-upon deliverables (such as lead volumes), and capped to the total compensation outlined within these Terms.

15. FORCE MAJEURE

The Service Provider will not be held responsible for delays or failure to perform due to causes beyond its reasonable control, including but not limited to platform outages, natural disasters, strikes, government regulations, pandemics, or technological failures.

16. GOVERNING LAW

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of British Columbia, Canada, without regard to its conflicts of law provisions.

16. GOVERNING LAW

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of British Columbia, Canada, without regard to its conflicts of law provisions.

17. REVIEWS, TRANSPARENCY & DEFAMATION

We’re fully committed to transparency and accountability. If you’re not satisfied, you absolutely have the right to share your experience publicly — but only after you’ve held up your side of the agreement.

By using our services, you agree not to leave a negative review unless you have fully completed all the required actions outlined in this agreement, including proof of follow-up, objection handling, presentation delivery, and submission of the refund checklist (Section 11).

If you skip steps, neglect your responsibilities, or fail to provide documented proof — then publicly blaming the System may constitute defamation. In that case, we reserve the right to pursue legal action to protect our reputation and the integrity of the System.

However, if you’ve genuinely done everything humanly possible, followed the system in good faith, and still didn’t get results — then leave the 1-star review. We’ll accept that. You can absolutely blame the System. It deserves it.

We’re not afraid of criticism — just make sure it’s earned.

18. GUARANTEE ELIGIBILITY

To be eligible for any guarantee, the Client must have been formally offered the guarantee in writing and accepted it as part of their signed package agreement. Guarantees are not automatically included with all services. Advertising or promotion of a guarantee does not in itself create eligibility; it applies only where explicitly included in the Client’s purchased package and confirmed in writing. Guarantees apply only where specifically included in your signed package. Please review your agreement to confirm eligibility. Any guarantee, performance-based refund, or results commitment is strictly conditional on the Client permitting the Service Provider to deploy and maintain the System exactly as designed, including funnel structure, copywriting, offer positioning, qualification steps, lead routing, automation logic, tracking, landing page layout, and all marketing assets (including but not limited to wording, messaging, compliance disclaimers, CTAs, trust elements, proof, social proof, testimonials, reviews, credentials, badges, branding presentation, creative, and ad copy). If the Client requests, directs, approves, implements, or causes any edits, removals, substitutions, or deviations from the Service Provider’s recommended System that may reasonably be expected to reduce conversion rate, lead quality, tracking integrity, platform learning performance, or overall campaign effectiveness (whether directly or indirectly), then all guarantees are immediately void and the Service Provider bears no liability for reduced results or performance. The Service Provider has sole discretion to determine whether any requested change, edit, removal, or deviation is likely to negatively affect performance or results. Where the Client insists on a change against the Service Provider’s recommendation, the Client agrees such changes are made entirely at the Client’s risk and constitute written acknowledgement that performance outcomes can no longer be guaranteed.

19. CALL RECORDING

Tiny Tomato Design may record voice and video calls for training, quality assurance, and internal educational purposes. By participating in any call, the Client provides consent to such recording. Recordings will be stored securely and will not be publicly shared without Client permission, unless required by law.

Last Updated: November 23, 2018