These Terms of Service govern access to and use of the company’s website, services, and related materials. By using the website or engaging the company for services, the user agrees to these terms. If the user does not agree with these terms, they should not use the website or procure services from the company.
Acceptance of Terms
Use of the site constitutes acceptance of these terms and any policies incorporated by reference. The company may refuse service, terminate accounts, or restrict access to the site at its discretion, without liability, for any reason including violation of these Terms.
Use of Services
Services are provided under the agreed contractual scope and any applicable statement of work. Users are responsible for providing accurate information necessary for the provision of services and for obtaining any necessary permissions or rights for content supplied to the company. Users will not use the site or services in any way that violates laws, infringes third-party rights, or interferes with the operation of the site.
Accounts and Credentials
When account credentials are issued, users are responsible for safeguarding them and for all activities conducted under those credentials. Immediate notification to the company is required if there is any suspicion of unauthorized use. The company is not liable for losses resulting from compromised or misused credentials.
Intellectual Property
All intellectual property rights in the site and original content created by the company remain with the company or its licensors unless otherwise assigned under a written agreement. For client engagements, deliverables may be licensed to the client subject to the terms in the relevant statement of work. The client grants the company a limited license to use any client-provided materials solely for the purpose of providing the contracted services.
Content License and Usage
Clients retain ownership of their pre-existing materials. For new creative work produced under a service agreement, ownership and usage rights will be defined in the contract. The company may use anonymized case studies and aggregated performance data for non-identifying promotional purposes unless otherwise restricted by contract or law.
Limitation of Liability
To the maximum extent permitted by law, the company’s liability arising from or relating to these Terms or use of services is limited to direct damages and shall not exceed the fees paid by the client for the specific services that gave rise to the claim during the preceding twelve months. In no event will the company be liable for consequential, incidental, special, or punitive damages, lost profits, or loss of data, even if advised of the possibility of such damages.
Termination
Either party may terminate service engagements in accordance with the terms set out in the applicable contract. The company reserves the right to suspend or terminate access to services immediately if required by law, if a user is in material breach of these Terms, or if continued provision of services would expose the company to legal risk.
Indemnification
Clients agree to indemnify and hold the company harmless from claims, liabilities, losses, and expenses arising from client content, misuse of services, or third-party claims related to the client’s business unless the claim arises from the company’s gross negligence or willful misconduct.
Changes to Terms
The company may revise these Terms from time to time. Material changes will be communicated through the website or by other reasonable means. Continued use of the website or services following notice of changes constitutes acceptance of the revised Terms.
Governing Law and Dispute Resolution
These Terms are governed by the laws specified in the applicable service agreement or, in the absence of such specification, by the governing law of the primary place of business. Disputes arising under these Terms will be resolved as set out in the relevant contract, and if no contract exists, through negotiation and, if necessary, litigation in the competent courts.