Terms of Service

1. Acceptance of Terms

By accessing and using the services provided by Exclusive Medias LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.

2. Description of Services

Exclusive Medias provides digital marketing, web development, AI integration, technical support, and consulting services. The specific services provided will be outlined in individual service agreements or statements of work.

3. User Accounts

When you create an account with us, you must provide accurate and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

4. Payment Terms

Payment terms are specified in your service agreement. Unless otherwise stated:

• Invoices are due within 30 days of receipt
• Late payments may incur a 1.5% monthly interest charge
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise specified

5. Project Scope & Change Requests

All projects are delivered according to the scope defined in your service agreement or statement of work. Additional work outside the original scope is subject to the following:

• Scope Definition: Project deliverables, features, and requirements are fixed at project kickoff
• Change Requests: Any additions, modifications, or new features not in the original scope require a written change request
• Additional Fees: Change requests will be quoted separately and must be approved before work begins
• Timeline Impact: Scope changes may affect project delivery timelines

Scope Creep Prevention: To ensure timely delivery and maintain project quality, we do not accommodate "just one more thing" requests without proper change request documentation and approval.

6. Revisions & Modifications

Revision allowances are specified in your service package:

• Sprint Projects: Include 3 rounds of revisions within the defined scope
• Email Automation Setup: Includes 2 rounds of revisions to templates and workflow logic
• Support Plans: Revisions are covered within your monthly hour allocation
• À La Carte Services: Include 1 round of revisions unless otherwise specified

What Counts as a Revision:

• Color, font, or styling adjustments within existing designs
• Copy/text changes to existing content
• Minor layout adjustments
• Bug fixes related to delivered work

What Does NOT Count as a Revision (Requires Change Request):

• New features, pages, or functionality not in original scope
• Complete redesigns or direction changes after approval
• Integration with new third-party services
• Additional email sequences or automation workflows
• Structural changes to approved architecture

7. Email Automation Setup Terms

For Email Automation Setup packages, the following terms apply:

What's Included:

• Configuration of automation workflows on your chosen email platform
• Custom email template design and development
• Trigger and segmentation setup as specified in your package
• Testing and quality assurance before launch
• Documentation and handoff training
• Post-launch support for the period specified in your package

What's NOT Included:

• Email platform subscription fees (Mailchimp, Klaviyo, etc.)
• Ongoing campaign management or content creation
• List building, lead generation, or contact acquisition
• Copywriting for email content (templates include placeholder text)
• Ongoing maintenance after support period ends
• A/B testing execution and optimization (setup only)
• Compliance audits (GDPR, CAN-SPAM) - setup follows best practices but legal review is client's responsibility

Ownership: Upon full payment, you own all custom templates and configurations created for your project. You are responsible for your email platform account and ongoing subscription costs.

8. Intellectual Property

Our Property: All content, features, and functionality of our website and services are owned by Exclusive Medias and are protected by copyright, trademark, and other intellectual property laws.

Your Property: You retain ownership of all content and materials you provide to us. Upon full payment, you will own all deliverables created specifically for you, except for any pre-existing materials or third-party components.

9. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the business relationship. This obligation survives the termination of our agreement.

10. Limitation of Liability

To the maximum extent permitted by law, Exclusive Medias shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total liability shall not exceed the amount paid by you for the services in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Exclusive Medias and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services or violation of these Terms.

12. Termination

Either party may terminate services:

• With 30 days written notice for month-to-month services
• Immediately for material breach of these Terms
• Upon completion of project-based work

Upon termination, you must pay for all services rendered up to the termination date.

13. Warranties and Disclaimers

We provide our services "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that our services will be uninterrupted, error-free, or completely secure. While we strive for excellence, we make no warranty regarding the results that may be obtained from the use of our services.

14. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to natural disasters, acts of government, pandemic, or other unforeseeable events.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Pierce County, Washington.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting a notice on our website or sending you an email. Your continued use of our services after such changes constitutes acceptance of the new Terms.

17. Contact Information

If you have any questions about these Terms of Service, please contact us at: