Terms of Service

Overview

These Terms of Service govern your use of tommitchelldigital.com and the purchase or use of any services, content, communications, resources, diagnostics, tools, or other offerings provided by Tom Mitchell Digital (“TMD”), operated by Tom Mitchell in Ottawa, Ontario, Canada.

By using this site, subscribing to TMD communications, submitting information, booking a call, purchasing a service, accessing a TMD-operated path, or engaging with TMD in any way, you agree to these Terms. If you do not agree, do not use the site or purchase services.

Contact: tom@tommitchelldigital.com

Services

Tom Mitchell Digital provides Revenue PathOps, diagnostic, advisory, implementation, and retained operating services for businesses, publishers, operators, advertisers, and related commercial clients.

Services may include:

• →Revenue Path Brief — async revenue path diagnostic
• →Revenue Path Map — expanded path diagnostic
• →Revenue Path Build — scoped implementation engagement
• →Revenue Path Operator — retained path operations
• →Publisher Yield Test — source-tracked traffic and revenue path testing

• →Partner or advertiser path reviews
• →Owned and operated informational paths
• →Studio content, field notes, frameworks, and public insights
• →Other advisory, diagnostic, implementation, operating, or partner services agreed in writing

Current service descriptions, pricing, deliverables, and timelines are shown on the relevant service pages or in the applicable proposal, checkout page, statement of work, invoice, or engagement agreement.

All services are delivered by Tom Mitchell Digital. Diagnostic judgment, findings, and strategic recommendations are provided or reviewed by Tom Mitchell. Supporting research, analysis, drafting, quality review, implementation support, reporting, and operational work may be performed using trained assistants, contractors, software tools, analytics tools, automation tools, or AI-assisted systems under TMD's direction and review.

TMD may update, add, remove, rename, or revise services at any time. Changes do not affect services already purchased unless agreed in writing.

Business and advisory nature of services

TMD provides business, marketing, revenue path, publisher yield, performance marketing, and operational advisory services.

TMD does not provide legal, financial, tax, medical, insurance, regulatory, or professional compliance advice. Any recommendations, findings, examples, estimates, projections, frameworks, or strategic observations are provided for business decision-making purposes only.

You are responsible for reviewing all recommendations, obtaining professional advice where needed, and deciding whether and how to implement any recommendations.

TMD does not guarantee any specific revenue, conversion rate, lead volume, approval rate, traffic volume, ranking, savings, business result, financial outcome, publisher result, advertiser result, or partner result.

Client responsibilities

To receive services, you agree to provide accurate, complete, and timely information, including any requested intake forms, URLs, business context, access details, examples, data, source information, partner information, campaign information, or materials required to perform the work.

You are responsible for:

• →ensuring you have the right to share any materials you provide to TMD;
• →reviewing deliverables before using, publishing, sending, or implementing them;
• →confirming that recommendations are suitable for your business, market, partners, customers, and compliance requirements;
• →ensuring your advertising, email, privacy, consent, lead generation, affiliate, publisher, advertiser, and partner practices comply with applicable laws, platform rules, advertiser rules, affiliate rules, publisher rules, network rules, and contractual obligations;
• →promptly responding to reasonable questions required to complete the work.

Delays in providing information, feedback, approvals, access, or required materials may delay delivery timelines.

Purchases and payment

Purchases may be processed securely through Stripe or another payment provider. By completing a purchase through Stripe, you also agree to Stripe's applicable terms.

Prices are listed in USD unless otherwise stated. Taxes, processing fees, or other charges may be added where applicable.

TMD may update pricing at any time. Price changes do not affect purchases already completed.

For scoped Build, Operator, performance-based, revenue-share, publisher, advertiser, or custom engagements, payment terms, billing cadence, performance components, cancellation rights, deliverables, and reporting standards will be described in a separate proposal, statement of work, invoice, partner agreement, insertion order, or engagement agreement.

Unless otherwise agreed in writing, work does not begin until payment has been received and required intake information has been submitted.

Refund policy

If you have a concern about a delivered service, contact tom@tommitchelldigital.com. TMD will review the concern and make reasonable efforts to resolve it in good faith.

Nothing in this refund policy limits any non-waivable rights you may have under applicable consumer protection laws.

Delivery and timelines

Delivery timelines begin after TMD receives both:

1. 1.required payment or written approval to begin; and
2. 2.a completed intake form or all reasonably required information.

Typical timelines may include:

• →Revenue Path Brief: — delivered within the timeline stated on the service or checkout page after completed intake
• →Revenue Path Map: — delivered within the timeline stated on the service or checkout page after completed intake
• →Revenue Path Build: — timeline specified at time of scoping
• →Revenue Path Operator: — ongoing, with cadence specified in the engagement agreement
• →Publisher Yield Test or partner engagement: — timeline specified in the applicable written arrangement

TMD will make reasonable efforts to meet stated timelines. Delivery may be delayed by incomplete information, delayed client responses, technical issues, third-party access issues, illness, holidays, payment issues, platform issues, partner delays, advertiser delays, network delays, or other circumstances outside TMD's reasonable control.

If a delay is anticipated, TMD will make reasonable efforts to notify you.

Deliverables and use rights

Deliverables may include written findings, reports, maps, frameworks, recommendations, copy, implementation notes, page structures, operating plans, dashboards, templates, tracking structures, source-intent notes, partner recommendations, or other work product.

Unless otherwise agreed in writing, deliverables produced specifically for you as part of a paid service are licensed to you for internal business use.

TMD retains ownership of its pre-existing materials, methods, frameworks, diagnostic structures, prompts, templates, processes, operating systems, tools, know-how, source-intent frameworks, path frameworks, and general expertise.

You may not resell, sublicense, publish, distribute, package, or represent TMD deliverables as a standalone product or service without written permission.

TMD may use anonymized, aggregated, or de-identified learnings, examples, patterns, findings, performance observations, or case-study-style insights, provided they do not identify you or disclose your confidential business information without permission.

Website content and intellectual property

All content on tommitchelldigital.com, including copy, methodology descriptions, frameworks, sample findings, design elements, graphics, page structures, terminology, positioning, reports, articles, Studio content, and related materials, is the intellectual property of Tom Mitchell Digital or its licensors unless otherwise stated.

You may not reproduce, copy, distribute, modify, scrape, resell, or use site content without written permission, except for ordinary personal or internal business reference.

Confidentiality

TMD treats client information submitted through intake forms, emails, calls, shared documents, dashboards, access tools, and engagement communications as confidential.

TMD will not intentionally disclose your confidential information to third parties except as reasonably necessary to provide services, operate the business, process payments, use approved tools, comply with legal obligations, protect rights or safety, or with your permission.

TMD may use trusted third-party service providers, software platforms, analytics tools, payment processors, communication tools, hosting providers, storage tools, contractors, assistants, or AI-assisted systems to support service delivery and business operations.

You should not submit highly sensitive personal information, regulated health information, legal secrets, financial account credentials, passwords, government identification numbers, or other highly sensitive information unless TMD has specifically requested it and you have confirmed the appropriate method for sharing it.

AI-assisted systems and tools

TMD may use AI-assisted systems, automation tools, analytics tools, research tools, drafting tools, QA tools, tracking tools, reporting tools, and software platforms to support research, analysis, drafting, QA, organization, and service delivery.

AI-assisted outputs are reviewed and applied through TMD's judgment. AI-assisted systems do not replace Tom Mitchell's strategic review, diagnostic judgment, or final responsibility for client-facing deliverables.

You are responsible for reviewing final deliverables and confirming their suitability for your business before publication, implementation, reliance, or use in any client, customer, publisher, advertiser, or partner context.

Third-party tools, links, platforms, and partners

The site, services, recommendations, paths, reports, or deliverables may reference or link to third-party websites, tools, platforms, service providers, advertisers, affiliate programs, lead-generation partners, publisher partners, referral partners, payment processors, analytics platforms, email platforms, scheduling tools, hosting providers, or other external services.

TMD is not responsible for third-party websites, platforms, tools, policies, prices, claims, availability, performance, security, decisions, approvals, rejections, or outcomes.

You are responsible for reviewing and complying with any applicable third-party terms, privacy policies, advertising rules, affiliate rules, platform policies, offer rules, publisher rules, advertiser rules, network rules, and partner requirements.

Affiliate, advertising, and partner relationships

TMD may earn compensation from affiliate links, advertising partners, referral partners, lead-generation partners, publisher relationships, performance relationships, marketplace relationships, or other commercial arrangements.

Compensation may occur when a user clicks a link, requests information, submits a form, books a call, makes a purchase, becomes a lead, places a call, requests a quote, connects with a third-party provider, or otherwise interacts with a third-party partner.

Compensation does not guarantee endorsement, suitability, availability, pricing, approval, qualification, acceptance, service availability, or outcome. Users and clients should evaluate third-party providers independently.

Additional details may be provided in TMD's Advertising / Affiliate Disclosure.

Lead generation, publisher traffic, and partner standards

TMD may operate owned informational paths, publisher-supported paths, referral paths, affiliate paths, lead-generation paths, advertiser handoff pages, marketplace handoff pages, and other Revenue PathOps assets.

These paths may connect users with third-party advertisers, service providers, marketplaces, lead buyers, affiliate programs, publishers, referral partners, or other commercial partners.

Where applicable, TMD may track traffic by source, sub-source, campaign, placement, page variant, click event, form event, offer handoff, fallback route, and related performance signals.

TMD aims to work only with approved, transparent, and appropriate traffic sources. TMD does not knowingly permit traffic generated through bots, forced clicks, misleading claims, fake urgency, deceptive government or medical framing, spam, purchased email lists, unauthorized scraping, incentivized leads, or any source that violates applicable laws, platform rules, advertiser rules, publisher rules, network rules, campaign terms, or partner requirements.

Publishers, partners, advertisers, clients, and traffic sources are responsible for ensuring that any traffic, claims, offers, data, consent language, creative, landing pages, forms, follow-up practices, and source materials they provide, approve, or control comply with applicable laws, platform rules, advertiser rules, campaign terms, and partner requirements.

TMD may pause, reject, redirect, remove, or decline any traffic source, campaign, offer, claim, creative, partner, or engagement that TMD believes may be misleading, non-compliant, low quality, harmful to users, harmful to TMD, harmful to a partner, or inconsistent with TMD's business standards.

TMD does not guarantee that any traffic source, publisher placement, offer handoff, lead, click, inquiry, call, quote request, referral, or conversion will be accepted, approved, paid, monetized, or converted by any third party.

Where revenue-share, performance-based, publisher, advertiser, affiliate, network, marketplace, or lead-generation arrangements apply, the specific commercial terms, approval rules, tracking methods, payment timing, reversals, invalid leads, chargebacks, compliance obligations, and reporting standards will be set out in the applicable agreement, insertion order, campaign terms, partner terms, or written arrangement.

Studio content and public insights

TMD may publish articles, field notes, frameworks, examples, observations, newsletters, social posts, reports, and other public-facing content related to Revenue PathOps, customer paths, traffic sources, lead generation, publisher yield, affiliate marketing, offers, analytics, and business operations.

Studio content is provided for general informational and educational purposes only. It should not be treated as legal, financial, tax, medical, insurance, regulatory, or professional compliance advice.

TMD may reference anonymized, aggregated, or de-identified examples from its work, research, tests, observations, or operating experience, provided confidential client information is not intentionally disclosed without permission.

Email communications and newsletter

By subscribing to The Leak newsletter, submitting a form, booking a call, purchasing a service, downloading a resource, requesting information, or otherwise requesting communications from TMD, you may receive emails from Tom Mitchell Digital.

Newsletter and marketing emails will identify Tom Mitchell Digital as the sender and include an unsubscribe mechanism where required.

You may unsubscribe from newsletter or marketing emails at any time using the unsubscribe link in an email or by contacting tom@tommitchelldigital.com.

TMD does not sell subscriber information to third parties for their own marketing purposes.

Transactional or service-related emails may still be sent when necessary to deliver a purchased service, respond to an inquiry, complete a transaction, provide requested information, manage an active engagement, or communicate about a business relationship.

Privacy

TMD's collection, use, storage, and disclosure of personal information is described in the Privacy Policy.

By using the site, submitting information, subscribing, booking a call, purchasing a service, accessing a TMD-operated path, or engaging with TMD, you acknowledge that TMD may collect and use information as described in the Privacy Policy.

Acceptable use

You agree not to use the site, services, paths, resources, or deliverables to:

• →violate any law, regulation, platform rule, advertiser rule, publisher rule, network rule, partner rule, or third-party right;
• →submit false, misleading, unlawful, infringing, harmful, or unauthorized information;
• →interfere with site security or functionality;
• →scrape, copy, reverse engineer, or misuse site content;
• →attempt unauthorized access to TMD systems, accounts, documents, dashboards, tools, or data;
• →use TMD deliverables for unlawful, deceptive, harmful, or non-compliant marketing, advertising, affiliate, publisher, lead-generation, email, or partner activity;
• →misrepresent TMD's role, relationship, endorsement, approval, or involvement.

TMD may refuse, pause, suspend, or terminate service if it reasonably believes a request, client activity, traffic source, claim, offer, implementation, partner, or engagement may be unlawful, deceptive, harmful, non-compliant, low quality, or inconsistent with TMD's business standards.

Limitation of liability

TMD provides diagnostic, advisory, implementation, operating, and informational services based on available information, professional judgment, and the scope of the engagement.

To the maximum extent permitted by applicable law, TMD's total liability for any claim arising from a service is limited to the amount paid for that specific service.

TMD is not liable for indirect, incidental, special, consequential, punitive, lost-profit, lost-revenue, lost-data, reputational, business-interruption, third-party, platform, advertiser, publisher, network, buyer, or partner damages of any kind.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

Indemnity

You agree to indemnify and hold harmless Tom Mitchell Digital and Tom Mitchell from claims, damages, losses, costs, liabilities, or expenses arising from:

• →materials, data, claims, offers, instructions, access, or source information you provide;
• →your implementation or use of TMD recommendations, services, paths, content, or deliverables;
• →your violation of these Terms;
• →your violation of any law, platform rule, advertiser rule, affiliate rule, publisher rule, network rule, privacy requirement, consent requirement, campaign term, partner requirement, or third-party right;
• →your advertising, email, lead-generation, affiliate, publisher, advertiser, network, marketplace, or partner activity;
• →any claim made by a third party in connection with your business, traffic, offers, campaigns, customers, users, or implementation.

Changes to the site or services

TMD may update, modify, pause, or discontinue any part of the site, content, services, paths, pricing, tools, offers, frameworks, or service structure at any time.

TMD is not liable if any part of the site, service, path, content, or offering is unavailable, changed, paused, or discontinued.

International use

Tom Mitchell Digital is operated from Ontario, Canada, but may serve clients, users, publishers, advertisers, partners, and traffic sources in Canada, the United States, the United Kingdom, Australia, New Zealand, and other markets.

If you access the site, use TMD services, submit information, participate in a publisher or partner arrangement, or interact with a TMD-operated path from outside Canada, you are responsible for complying with any laws, rules, platform requirements, advertiser requirements, privacy requirements, consent requirements, and consumer protection requirements that apply in your location or market.

TMD may decline, pause, modify, or terminate any service, path, traffic source, campaign, offer, partner relationship, or engagement if TMD believes it may create legal, compliance, privacy, consent, platform, advertiser, publisher, network, or user-risk issues in any applicable market.

Governing law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Any disputes shall be resolved in the courts of Ontario, Canada, unless otherwise required by applicable consumer protection law in your jurisdiction.

Users in the United Kingdom, Australia, New Zealand, the United States, and other jurisdictions retain any rights afforded to them under local consumer protection laws that cannot be excluded by contract.

Changes to these Terms

TMD may update these Terms from time to time. Material changes will be noted by updating the “Last updated” date at the top of this page.

Continued use of the site, services, communications, or TMD-operated paths after changes are posted constitutes acceptance of the updated Terms.