CLIENT AGREEMENT

1. AGREEMENT — This agreement contains the entire understanding between SWELL MARKETING LLC and the CLIENT. It supersedes all prior agreements between the parties. Any changes must be made in writing and signed by both parties.

2. FREE TRIAL — Swell Marketing LLC offers every new client a 14-day free trial. To begin the trial, the client subscribes and provides a valid payment method — the 14-day trial period begins on the date the client subscribes, which may be the same day this agreement is signed or shortly after. During the trial, Swell Marketing LLC will design, build, and host the client's website at no charge, fully live and operational for the entire trial period. The client's card is not charged during the trial. On day 15, the card on file is automatically charged unless the client has cancelled before then. The client may cancel at any time before day 15 at no cost.

3. SERVICES TO BE PROVIDED — Swell Marketing LLC will provide the CLIENT with the services included in their selected plan for the duration of this agreement. If the CLIENT wants to upgrade plans, a new agreement will be formulated. Starter Plan ($359/mo): Up to 4 pages · Mobile responsive design · Contact info setup · Monthly updates · Monthly performance report · Hosting, SSL & security · Google Analytics · Ongoing SEO improvements · Google Business Profile sync · Social media feed embed. Growth Plan ($629/mo): Everything in Starter · Up to 7 pages · Online booking · Online checkout · Automated confirmations · Live chat & lead capture forms · Google Business Profile management with monthly posts. Premium Plan ($899/mo): Everything in Growth · Google review automation · Missed-call text-back · 24/7 AI chatbot · Unlimited pages · Quarterly strategy call · Same-day change requests · Priority support.

4. PAYMENT TERMS — All plans are billed monthly beginning after the free trial period ends. Payment is due at the beginning of each billing cycle. Accepted payment methods: Card (via Stripe) and Apple Pay. If payment is not received within 5 days of the due date, Swell Marketing LLC may suspend the website. If payment is not received within 30 days, Swell Marketing LLC may permanently take the website offline.

5. CANCELLATION — The client may cancel at any time through their client portal — no notice email required. After cancellation, service and the website remain active through the end of the current paid billing period (or through the trial, if cancelling during the trial), after which the website is taken offline. Swell Marketing LLC may terminate this agreement with 30 days written notice.

6. INTELLECTUAL PROPERTY — All design elements, code, and websites created by Swell Marketing LLC remain the exclusive property of Swell Marketing LLC. The client holds a limited license to use the website during an active subscription only. Upon cancellation the website will be taken offline. All content provided by the client (logos, photos, text) remains the client's property.

7. REFUND POLICY — All payments are non-refundable once services have been rendered. No partial refunds will be issued for unused portions of a billing cycle.

8. LIMITATION OF LIABILITY — Swell Marketing LLC is not liable for any indirect, incidental, or consequential damages. Total liability shall not exceed the total amount paid by the client in the three months prior to the claim.

9. DISPUTE RESOLUTION — Both parties agree to first attempt resolution through direct communication. All disputes are governed by the laws of the State of Hawaii, Maui County.