Terms of Service

Agreement to Terms

By accessing or using mcflyads.com (the “Site”), you agree to these Terms of Service. If you do not agree, do not use the Site. McFly Ads reserves the right to update these terms at any time. Continued use of the Site after changes constitutes acceptance.

Services Overview

McFly Ads provides marketing analytics consulting services including Marketing Mix Modeling (MMM), attribution analysis, incrementality testing, dashboard development, and related data services. All consulting engagements are governed by a separate written Scope of Work (SOW) or engagement agreement signed by both parties before work begins.

Website Use

The Site and its content — including text, interactive demos, graphics, code, and design — are provided for informational and demonstration purposes. You may browse the Site and use the interactive tools (MER calculator, budget optimizer demos) freely. You may not:

• Reproduce, redistribute, or resell site content without written permission
• Scrape, crawl, or systematically extract data from the Site for commercial purposes
• Attempt to reverse-engineer proprietary modeling methodologies demonstrated on the Site
• Use the Site to transmit malicious code or conduct unauthorized security testing

Interactive Demos and Model Outputs

Important: The interactive demos on this Site (budget optimizer, retail dashboard, MER calculator) use simplified models with sample data for demonstration purposes only. They do not represent actual client results, real business data, or guaranteed outcomes.

Marketing Mix Model outputs — whether from demos on this Site or from custom client engagements — are statistical estimates based on historical data. They are intended to inform marketing budget decisions, not guarantee specific revenue outcomes. Actual results may vary based on market conditions, creative execution, competitive dynamics, seasonality, and other factors outside the model’s scope.

Intellectual Property

All content on this Site, including but not limited to text, design, graphics, interactive demos, and underlying code, is the intellectual property of McFly Ads unless otherwise noted. The statistical methodologies described (ridge regression, Bayesian modeling, Hill function transformations) are well-established techniques in the public domain; McFly Ads claims no proprietary ownership of these methods.

For paid consulting engagements: intellectual property ownership and code transfer terms are specified in the individual Scope of Work for each engagement. Generally, clients receive full ownership of custom-built models and dashboards upon final payment.

Client Engagements

Consulting services are provided under separate written agreements. These Terms of Service govern your use of the website only. Engagement-specific terms including scope, deliverables, timeline, payment, confidentiality, and IP transfer are documented in individual Scope of Work agreements signed before work begins.

General engagement principles:

• Confidentiality: Client data shared during engagements is treated as confidential and is not shared with third parties, used for marketing, or disclosed without written consent
• Payment: Payment terms are specified in each SOW, typically 50% deposit to begin, 50% on delivery
• Deliverables: All deliverables, timelines, and revision processes are documented in the SOW before work begins

Limitation of Liability

To the maximum extent permitted by applicable law, McFly Ads and Marty Smithson shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

• Your use of or inability to use the Site
• Any decisions made based on information presented on the Site, including demo outputs and calculator results
• Budget allocation decisions informed by MMM outputs, whether from site demos or custom engagements
• Errors, inaccuracies, or omissions in site content

Our total liability for any claim arising from consulting services is limited to the fees paid for the specific engagement giving rise to the claim.

No Professional Advice

Content on this Site is provided for general informational purposes. It does not constitute financial, investment, legal, or professional advice. While we strive for accuracy, we make no warranties about the completeness, reliability, or suitability of any information on this Site. You should consult qualified professionals for decisions specific to your business.

Third-Party Links

This Site may contain links to third-party websites (competitor tools, open-source frameworks, research publications). These links are provided for reference only. McFly Ads does not endorse, control, or assume responsibility for third-party content or practices.

Indemnification

You agree to indemnify and hold harmless McFly Ads and Marty Smithson from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your use of the Site or violation of these Terms.

Governing Law

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts located in Utah County, Utah.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Contact

Questions about these Terms should be directed to:

McFly Ads
Marty Smithson
Lehi, Utah, United States
Email: [email protected]
Phone: (801) 855-6879