Terms of Service

By visiting the Site, submitting the Agency Assessment, booking a discovery call or Agency Growth Review, or otherwise engaging with the Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you must not use the Site or the Services. You represent that you are at least 18 years old and authorized to enter into these Terms on behalf of yourself or the business you represent.

Aster Dawn provides growth advisory and consulting services to marketing, SEO, paid media, creative, lead generation, and web agencies. These Services may include, without limitation: the Agency Assessment, discovery and Growth Review calls, diagnostic engagements, strategic advisory, written deliverables, frameworks, recommendations, and educational resources published on the Site.

Specific scope, deliverables, fees, and timelines for any paid engagement will be set out in a separate written proposal, statement of work, or order form ("Engagement Agreement"). In the event of a conflict between an Engagement Agreement and these Terms, the Engagement Agreement controls for that engagement.

We may modify, suspend, or discontinue any part of the Site or Services at any time without liability.

The Services are advisory in nature. While we draw on professional experience to provide recommendations, we do not guarantee any specific business, financial, operational, or marketing outcome, including any particular level of revenue, profit, growth, lead volume, ranking, traffic, or client acquisition. Results depend on many factors outside our control, including your team, execution, market conditions, and decisions you make.

The Site and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Aster Dawn disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted or error-free operation.

Nothing on the Site constitutes legal, tax, accounting, financial, or investment advice. You are responsible for seeking qualified professional advice for those matters.

The Site and its content — including text, copy, graphics, logos, marks, frameworks, methodologies, assessments, templates, audio, video, and software — are owned by or licensed to Aster Dawn and are protected by intellectual property laws. "Aster Dawn" and associated logos are trademarks of Aster Dawn.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and any deliverables provided under an Engagement Agreement for your internal business purposes only. You may not copy, modify, distribute, sell, license, sublicense, publicly display, scrape, or create derivative works of any part of the Site, Services, or deliverables without our prior written consent, except as expressly permitted in writing.

You retain ownership of any materials, data, or information you provide to us. You grant Aster Dawn a non-exclusive license to use such materials solely as needed to deliver the Services and as further described in any Engagement Agreement.

By using the Site or Services, you agree that you will:

• Provide accurate, current, and complete information when submitting assessments, booking calls, or engaging with us;
• Use the Site and Services only for lawful purposes and in compliance with all applicable laws and regulations;
• Not interfere with, disrupt, probe, or attempt to gain unauthorized access to the Site, its infrastructure, or other users;
• Not use the Site or Services to transmit malicious code, spam, or misleading content;
• Not misrepresent your affiliation with any person or business;
• Respect the confidentiality of any non-public materials, frameworks, or recommendations shared with you during an engagement.

To the fullest extent permitted by law, in no event shall Aster Dawn, Jesse Rupekar, or any of our affiliates, contractors, or representatives be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings, arising out of or relating to your use of the Site or Services, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to the Site or Services, regardless of the form of action, shall not exceed the greater of (a) the total fees actually paid by you to Aster Dawn in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

Visiting the Site, submitting the Agency Assessment, and booking a discovery call or Agency Growth Review are free. Where paid Services are provided, fees, payment schedule, accepted payment methods, applicable taxes, and currency will be set out in the applicable Engagement Agreement.

Unless stated otherwise in an Engagement Agreement, invoices are due upon receipt and payable in U.S. dollars. Late payments may be subject to a reasonable late fee and/or suspension of Services. You are responsible for all taxes associated with your purchase, other than taxes based on our net income.

Discovery calls and Agency Growth Reviews may be rescheduled or canceled through the original booking confirmation. We ask for reasonable notice as a professional courtesy.

Cancellation, rescheduling, and refund terms for paid engagements are governed by the applicable Engagement Agreement. Unless an Engagement Agreement expressly provides otherwise, fees for work already performed and out-of-pocket expenses already incurred are non-refundable. Where no Engagement Agreement addresses a specific situation, refunds are offered at Aster Dawn's reasonable discretion.

The Site and Services rely on and may link to third-party services, including Google Forms (Agency Assessment), Calendly (scheduling), Google Analytics, Microsoft Clarity, LinkedIn, and others. These third-party services are governed by their own terms and privacy policies. Aster Dawn does not control, endorse, or assume responsibility for any third-party content, products, or services, and your use of them is at your own risk.

Information that either party reasonably understands to be confidential — including assessment responses, business operations, financials, strategy materials, and deliverables — shall be treated as confidential and used only for the purpose of the engagement. This obligation does not apply to information that is or becomes publicly available without breach, was independently developed, or is required to be disclosed by law.

You agree to indemnify, defend, and hold harmless Aster Dawn, Jesse Rupekar, and our affiliates and representatives from and against any claims, liabilities, damages, losses, and reasonable expenses (including attorneys' fees) arising out of or related to your breach of these Terms, your misuse of the Site or Services, or your violation of any law or the rights of any third party.

We may suspend or terminate your access to the Site or Services at any time, with or without notice, for any reason, including suspected violation of these Terms. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, confidentiality, and governing law — will survive.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to applicable law, the parties agree to resolve any dispute arising out of or relating to these Terms, the Site, or the Services exclusively in the state or federal courts located in Delaware, and each party consents to the personal jurisdiction and venue of those courts.

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

We may update these Terms from time to time. The "Last updated" date at the top of this page indicates when they were most recently revised. Continued use of the Site or Services after changes become effective constitutes acceptance of the updated Terms.

For questions about these Terms, please contact: