What's My ROI — Terms of Service

These Terms of Service ("Terms") govern your use of the services provided by PMR DIGITAL, LLC, doing business as WHAT'S MY ROI ("Company," "we," "us," or "our"), including the Job Board ROI Sprint, the optional Monthly ROI Retainer, and any related services (collectively, the "Services").

By signing a Service Order Form, paying an invoice, or otherwise using or accessing the Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Services

We provide a fixed-scope Job Board ROI Sprint, a 30-day data analytics engagement that connects to your Applicant Tracking System (ATS) and up to three job boards (maximum four data sources total) to deliver actionable recruitment advertising insights.

The Services include:

• Connecting to your approved data sources
• Defining and tracking up to three Key Performance Indicators (KPIs)
• Building a custom reporting engine
• Delivering the deliverables listed in Section 4

The Job Board ROI Sprint does not include day-to-day job board management, job reposting, or ongoing monthly maintenance. Ongoing monthly reporting and advisory is available separately under the Monthly ROI Retainer described in Section 12.

2. Fees and Payment

The Implementation Fee for the Job Board ROI Sprint is the amount set forth in the applicable Service Order Form or invoice provided to you (one-time, flat fee unless otherwise agreed in writing).

• An invoice is generated immediately upon execution of a Service Order Form or acceptance of these Terms.
• Payment is due upon receipt of the invoice.
• Preferred method: ACH bank transfer (instructions provided with invoice). Credit/debit card payments are accepted.
• If full payment is not received within 14 calendar days of the invoice date, we may suspend all Services until payment is received. Late payments may incur interest at 1.5% per month (or the maximum rate allowed by law) plus reasonable collection costs.

The fee is non-refundable except as expressly provided in the Performance Guarantee (Section 4).

3. Project Start Date and Timeline

The Project Start Date is the later of:

• The date we receive full payment in cleared funds, or
• The date we receive complete, functional access to your data sources and all required information.

All timelines, including the 30-day guarantee period, are measured from the Project Start Date.

4. Deliverables and 30-Day Performance Guarantee

By the 30th calendar day after the Project Start Date, we will deliver (subject to your compliance with Section 5):

• A professional PDF ROI Performance Report covering your top 3 KPIs, including source performance analysis, best/worst performers, and visualizations.
• Actionable recommendations for your recruitment advertising spend.
• An editable Executive Slide Deck (PowerPoint format) ready for leadership presentations.
• Scheduling of a 45-minute ROI Audit Call to review the findings together.

30-Day Budget Clarity & Confidence Guarantee

If we fail to deliver all of the above items by Day 30 despite your full and timely compliance with these Terms (especially Section 5), you may request a full refund of the Implementation Fee by providing written notice within 24 hours after Day 30. We will process the refund within 30 days.

This guarantee is conditional. It does not apply, and no refund will be issued, if:

• You fail to provide access to your data sources within 5 business days of request
• Your designated Point of Contact does not respond within 2 business days
• You do not provide or approve measurable KPIs within the required timeframe
• You breach any term of these Terms
• Payment is not received on time
• Delays are caused by Force Majeure or factors outside our reasonable control

This is your sole and exclusive remedy for any delivery issues. We make no other guarantees regarding business outcomes, cost savings, or hiring results.

5. Your Responsibilities (Client Obligations)

To receive the Services and qualify for the Guarantee, you agree to:

5.1 Timely Access

Grant us secure, read-only access to a maximum of four (4) data sources (e.g. one ATS + up to three job boards) within five (5) business days of the Effective Date or our request. This includes providing valid credentials, API keys, permissions, and any necessary approvals or documentation.

5.2 Dedicated Point of Contact

Designate one primary Point of Contact with decision-making authority who will respond to our reasonable requests within two (2) business days.

5.3 Measurable KPIs

Identify three KPIs that can be accurately measured with your data. If any proposed KPI cannot be measured, you must propose and approve alternative measurable KPIs within three (3) business days of our notice.

5.4 Data Quality and No PII

Ensure your data is accurate, complete, and sufficient. You must not provide or grant access to any Personally Identifiable Information (PII). We do not store, retain, or process PII. All analysis uses aggregated, anonymized recruitment metrics only. You are solely responsible for configuring your systems to exclude PII.

5.5 Cooperation

Provide reasonable cooperation throughout the engagement. Material delays or non-cooperation may void the Guarantee and allow us to suspend or terminate Services without refund.

6. Intellectual Property

Upon full payment, you own the final Deliverables (PDF Report and Slide Deck) for your internal business use only. We retain all rights to our proprietary methodologies, algorithms, reporting engine, templates, and know-how ("Company IP"). You receive a limited, non-exclusive, non-transferable license to use any custom reporting tools solely during the engagement.

7. Confidentiality and Data Protection

Both parties agree to keep confidential the other party's non-public information. We implement reasonable security measures to protect your data during the engagement.

No PII Policy

We do not store, copy, or retain any Personally Identifiable Information. Upon completion or termination, we securely delete or anonymize all Client-specific data within 30 days (except non-identifiable aggregated benchmarks).

8. Disclaimers and Limitation of Liability

EXCEPT FOR THE CONDITIONAL GUARANTEE IN SECTION 4, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR DATA LOSS), REGARDLESS OF THE CAUSE.

9. Termination

Either party may terminate for material breach with 15 days' written notice (5 days for non-payment or access failures). Upon termination due to your breach or non-cooperation, no refund is due and the Guarantee is void. We may suspend Services immediately for late payment or access issues.

10. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules. Exclusive venue is in Travis County, Texas.

Before filing suit, the parties agree to good-faith negotiation for 15 days, followed by mediation in Austin, Texas. We may seek injunctive relief for IP or confidentiality breaches without exhausting this process.

11. Miscellaneous

• These Terms, together with any Service Order Form and invoice, constitute the entire agreement and supersede all prior discussions.
• No modification is valid unless in writing and signed by both parties.
• If any provision is found invalid, the remainder remains in effect.
• You may not assign these Terms without our prior written consent.
• Notices should be sent to legal@whatsmyroi.com or the address below.
• We are independent contractors. Nothing creates a partnership or agency relationship.
• These Terms may be updated from time to time. Continued use after changes constitutes acceptance.

12. Monthly ROI Retainer

The Monthly ROI Retainer ("Retainer") is an optional, separately contracted, recurring Service that continues monthly reporting and advisory after completion of the Job Board ROI Sprint or upon execution of a standalone Retainer Service Order Form. All provisions of these Terms apply to the Retainer, as supplemented by this Section 12. In the event of a conflict between this Section 12 and the rest of these Terms as applied to the Retainer, this Section 12 controls.

12.1 Retainer Plans and Scope

The Retainer is offered in two plans selected on the Retainer Service Order Form:

• Tier 1 (Monthly Report Only): a monthly updated PDF ROI Performance Report covering your top three KPIs, an updated Executive Slide Deck, best/worst source analysis with actionable recommendations, all reporting and decks delivered via email, and continued access to your custom built reporting engine.
• Tier 2 (Monthly Report + Live ROI Audit Call): all Tier 1 deliverables plus up to a 45-minute live ROI Audit call per billing month, and direct email access between calls for reasonable, scope-limited questions.

The Retainer does not include day-to-day job board management, job reposting, creative production, media buying, candidate screening, applicant communications, or any service not expressly listed in the selected plan or Retainer Service Order Form.

12.2 Additional Reports and Custom Work

Any reports, dashboards, data pulls, integrations, or analyses beyond the monthly PDF ROI Performance Report and Executive Slide Deck included in your selected plan are considered Additional Work. Additional Work is available for an additional fee, scoped on request, and must be agreed in writing (including email) and, where applicable, memorialized in a separate Service Order Form or statement of work prior to commencement. Additional Work is invoiced separately and is governed by these Terms.

12.3 Fees, Billing, and Auto-Renewal

• The monthly fee is the amount set forth in the Retainer Service Order Form for the selected plan. Fees are billed in advance on a recurring monthly cycle.
• The first invoice is issued on the Retainer Start Date (defined below), and subsequent invoices recur on the same day of each calendar month (or the last day of shorter months).
• Payment is due upon receipt. ACH bank transfer is preferred; credit and debit card payments are accepted.
• The Retainer is month-to-month with automatic renewal each month until canceled in accordance with Section 12.5. There is no minimum term beyond the then-current billing month.
• If full payment is not received within 14 calendar days of the invoice date, we may suspend all Retainer Services (including access to the reporting engine and any pending deliverables) until payment is received. Late payments may accrue interest at 1.5% per month (or the maximum rate permitted by law) plus reasonable collection costs.
• All Retainer fees are non-refundable, including for partial months, unused deliverables, and unused Performance Review calls. Fees already invoiced at the time of cancellation remain due and payable.

12.4 Retainer Start Date

The Retainer Start Date is the later of (a) the date the Retainer Service Order Form is signed by both parties, (b) the date we receive the first monthly payment in cleared funds, or (c) the date we receive continued, functional read-only access to your data sources and all information reasonably required to produce the monthly deliverables. All monthly billing cycles and delivery obligations are measured from the Retainer Start Date.

12.5 Cancellation (30-Day Notice)

Either party may cancel the Retainer at any time by providing thirty (30) days' prior written notice to the other party. Written notice to us must be sent by email to support@whatsmyroi.com. The notice period begins on the date the notice is received.

• Services and monthly billing continue through the end of the 30-day notice period. Any invoice issued during the notice period remains due and payable in full.
• There is no cancellation fee, but no pro-rata or partial-month refunds are provided. The final month of Service is non-refundable.
• We may terminate the Retainer immediately, without providing the 30-day notice and without refund of paid fees, for (i) non-payment, (ii) material breach of these Terms, (iii) loss or revocation of data source access for more than 10 business days, (iv) non-responsiveness of the designated Point of Contact for more than 10 business days, or (v) your provision of Personally Identifiable Information in violation of Section 5.4.
• Upon termination, your license to use the reporting engine and any custom reporting tools ceases immediately (subject to Section 6 regarding deliverables already paid for).

12.6 Client Obligations During the Retainer

Throughout the Retainer, you agree to:

• Maintain secure, continuous, read-only access for us to a maximum of four (4) data sources (one ATS plus up to three job boards) for the duration of the Retainer.
• Designate and maintain one primary Point of Contact with decision-making authority who will respond to our reasonable requests within two (2) business days.
• Confirm any changes to KPIs, data sources, or reporting scope in writing within three (3) business days of our notice or request.
• Comply with the No PII obligation in Section 5.4 at all times.
• Schedule and attend Tier 2 ROI Audit calls within the applicable billing month. Calls not scheduled or attended within the billing month are forfeited and do not roll over to subsequent months.

Material failure to meet these obligations may, at our discretion, result in suspension of Services, forfeiture of that month's deliverables without refund, or termination under Section 12.5.

12.7 No Performance Guarantee

The 30-Day Budget Clarity & Confidence Guarantee in Section 4 applies only to the Job Board ROI Sprint Implementation Fee and does not apply to the Retainer. The Retainer is provided on an as-is basis subject to Section 8 (Disclaimers and Limitation of Liability). We make no guarantee regarding specific business outcomes, cost savings, hiring results, or any particular recommendation contained in the monthly deliverables.

12.8 Price Changes

We may adjust the monthly Retainer fee by providing fourteen (14) days' prior written notice by email. Any new fee applies to billing cycles commencing after the notice period. If you do not agree to the new fee, you may cancel in accordance with Section 12.5; cancellation does not waive fees accrued prior to the effective date of the price change.

12.9 Intellectual Property and Data Treatment

Section 6 (Intellectual Property) and Section 7 (Confidentiality and Data Protection), including the No PII Policy, apply in full to the Retainer. Each monthly PDF ROI Performance Report and updated Executive Slide Deck becomes owned by you for internal business use only upon payment of the invoice for the month in which it is delivered. All Company IP, methodologies, reporting engines, templates, and tooling remain our sole property.

12.10 Survival

Provisions that by their nature should survive termination of the Retainer (including, without limitation, Sections 2 (for unpaid amounts), 6, 7, 8, 10, 11, 12.3 (for unpaid amounts), and 12.9) will survive any expiration or termination.

Contact Us

PMR DIGITAL, LLC DBA WHAT'S MY ROI
5900 Balcones Drive, Suite 100
Austin, TX 78731
Email: hello@whatsmyroi.com
Website: https://whatsmyroi.com/

By using our Services, you acknowledge that you have read, understood, and agree to these Terms of Service.