Terms of use

Last updated: January 2026

These Terms & Conditions (“Terms”) govern your access to and use of the services provided by Wake Marketing LLC (“Wake Marketing,” “we,” “us,” or “our”). By accessing or using our services, 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 the service.

1. Nature of the Service

Wake Marketing provides a software-based hiring assistance tool designed to surface potential skilled-trade candidates based on customer-provided criteria.

Specifically, the service:

  • Collects hiring criteria through a short chatbot or form

  • Identifies individuals who have opted in on third-party platforms to learn more about opportunities

  • Delivers candidate information to customers

Wake Marketing:

  • Is not an employer

  • Is not a staffing agency

  • Is not a recruiter or headhunter

  • Does not conduct interviews

  • Does not negotiate compensation

  • Does not make hiring decisions

All hiring-related actions remain entirely the customer’s responsibility.

2. Definition of a Qualified Candidate

For the purposes of billing and delivery, a “Qualified Candidate” is defined as:

  • An individual identified based on the customer’s stated criteria and

  • An individual who has affirmatively opted in to learn more about opportunities via third-party platforms (e.g., LinkedIn, Meta, or similar channels)

Qualification does not mean:

  • Guaranteed interest

  • Guaranteed availability

  • Guaranteed responsiveness

  • Guaranteed experience accuracy

  • Guaranteed hire

3. Timeframes & Delivery

Any timeframes provided (including references to 24 hours) are estimates only and are not guarantees.

Wake Marketing makes no representations regarding:

  • Speed of delivery

  • Minimum or maximum delivery timelines

  • Consistency of candidate flow

Delays do not constitute a breach of contract.

4. Pricing, Billing & Payment

  • Pricing is agreed upon prior to service delivery

  • Fees are charged on a per-candidate basis

  • All payments are due according to the agreed terms

Once a qualified candidate is delivered:

  • The charge is earned in full

  • The transaction is final

5. No Refunds, Credits, or Chargebacks

All sales are final.

Wake Marketing does not provide:

  • Refunds

  • Credits

  • Partial refunds

  • Chargeback approvals

This includes, but is not limited to, situations involving:

  • Candidate non-response

  • Candidate disinterest

  • Candidate withdrawal

  • Hiring outcome dissatisfaction

  • Changes in customer hiring needs

Initiating a chargeback may result in immediate termination of service.

6. Customer Responsibilities

The customer is solely responsible for:

  • Contacting candidates

  • Evaluating qualifications

  • Conducting interviews

  • Making hiring decisions

  • Complying with all applicable labor, employment, and hiring laws

  • Ensuring lawful and respectful communication

Wake Marketing bears no responsibility for the outcome of customer actions.

7. Compliance With Laws & Platforms

You agree to use the service in compliance with:

  • All applicable federal, state, and local laws

  • Employment and labor regulations

  • Anti-discrimination laws

  • Third-party platform rules (including LinkedIn, Meta, or others)

Wake Marketing is not responsible for violations caused by customer use.

8. Acceptable Use Policy

You agree not to:

  • Harass, spam, or mislead candidates

  • Use candidate information for purposes other than hiring evaluation

  • Sell, resell, scrape, or redistribute candidate data

  • Use the service for unlawful or unethical purposes

Violation may result in immediate termination without refund.

9. Data Accuracy Disclaimer

Candidate information may be based on:

  • Self-reported data

  • Publicly available data

  • Third-party platform signals

Wake Marketing does not verify:

  • Employment history

  • Certifications

  • Licenses

  • Background

  • Identity

All verification is the customer’s responsibility.

10. No Agency or Partnership

Nothing in these Terms creates:

  • An agency relationship

  • A partnership

  • A joint venture

  • An employment relationship

Between Wake Marketing and the customer or any candidate.

11. Limitation of Liability

To the maximum extent permitted by law:

  • Wake Marketing shall not be liable for indirect, incidental, special, or consequential damages

  • Wake Marketing shall not be liable for lost profits, lost hires, or business interruption

Total liability shall not exceed the amount paid for the specific candidates giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Wake Marketing LLC from any claims, damages, liabilities, or expenses arising from:

  • Your hiring practices

  • Your communications with candidates

  • Your violation of laws or regulations

  • Your misuse of candidate data

13. Service Availability & Termination

Wake Marketing reserves the right to:

  • Modify or discontinue the service at any time

  • Refuse service to any customer

  • Terminate access for violations of these Terms

Termination does not entitle the customer to a refund.

14. Intellectual Property

All software, branding, content, and systems are the exclusive property of Wake Marketing LLC.
No rights are granted except for limited use of the service.

15. Modifications to Terms

Wake Marketing may update these Terms at any time.
Continued use of the service constitutes acceptance of the updated Terms.

16. Governing Law

These Terms shall be governed by and interpreted under the laws of the United States, without regard to conflict-of-law principles.

17. Contact Information

Wake Marketing LLC
Email: contact@wake-marketing.com