Terms of Service

Last updated: January 1, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Decafluence LLC, doing business as Decabrand ("Company," "we," "us," or "our"), concerning your access to and use of our website decabrand.com and our marketing services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our website or use our services.

Services Description

Decabrand provides digital marketing services for local businesses, including but not limited to:

• Local search engine optimization (SEO)
• Google Business Profile management
• Reputation and review management
• Paid advertising (Google Ads, social media ads)
• Website design and development
• Content creation and social media marketing

Specific services, deliverables, and timelines will be outlined in a separate service agreement or statement of work for each engagement.

No Guarantee of Results

Marketing results vary based on numerous factors including market conditions, competition, industry, location, and other variables outside our control. While we employ best practices and proven strategies, we cannot and do not guarantee specific outcomes such as:

• Specific search engine rankings
• Exact number of leads or customers
• Specific revenue or ROI figures
• Guaranteed review ratings or counts

Past performance and case studies represent actual client results but are not guarantees of future performance. Results depicted in case studies may not be typical and individual results will vary.

Client Responsibilities

To ensure successful delivery of our services, clients agree to:

• Provide accurate and complete information about their business
• Grant necessary access to accounts, platforms, and assets as required
• Respond to requests for information, approvals, or feedback in a timely manner
• Comply with all applicable laws, regulations, and platform policies
• Not engage in practices that violate search engine or advertising platform guidelines

Payment Terms

Payment terms, including fees, billing frequency, and payment methods, will be specified in your service agreement. General terms include:

• Invoices are due upon receipt unless otherwise specified
• Late payments may result in service suspension
• All fees are non-refundable unless otherwise stated
• Advertising spend is separate from service fees and billed directly by the advertising platform or as a pass-through cost

Intellectual Property

Client Content

You retain ownership of all content, materials, and intellectual property you provide to us, including your business name, logo, images, and existing marketing materials. You grant us a limited license to use such materials solely for the purpose of providing our services.

Work Product

Upon full payment, you will own the deliverables we create specifically for you, including website designs, ad copy, and content created for your campaigns. We retain ownership of our proprietary methodologies, processes, tools, templates, and general knowledge developed before or during our engagement.

Portfolio Rights

We reserve the right to display general descriptions of work performed and results achieved in our portfolio and marketing materials, unless you specifically request confidentiality in writing.

Confidentiality

We will maintain the confidentiality of your business information, strategies, and data. We will not disclose confidential information to third parties except as required to perform our services (e.g., sharing with advertising platforms) or as required by law.

Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability for any claims arising from our services shall not exceed the total fees paid by you in the six (6) months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for lost profits, revenue, data, or business opportunities
• We shall not be liable for damages arising from third-party actions, platform changes, or algorithm updates

Indemnification

You agree to indemnify and hold harmless Decafluence LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your breach of these Terms
• Your violation of any law or third-party rights
• Content or materials you provide to us
• Your use of our services in violation of these Terms

Term and Termination

Service agreements may be terminated as follows:

• Either party may terminate with 30 days' written notice, unless otherwise specified in your service agreement
• We may terminate immediately if you breach these Terms or your service agreement
• Upon termination, you remain responsible for payment of all fees for services rendered through the termination date
• We will provide reasonable transition assistance and return of your assets and access credentials

Third-Party Services

Our services may involve the use of third-party platforms and services (e.g., Google, Meta, hosting providers). Your use of such services is subject to their respective terms and policies. We are not responsible for the actions, policies, or changes made by third-party providers.

Dispute Resolution

Any disputes arising from these Terms or our services shall be:

• First attempted to be resolved through good-faith negotiation between the parties
• If negotiation fails, resolved through binding arbitration in accordance with the rules of the American Arbitration Association
• Arbitration shall take place in Washington State
• Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise

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.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with your service agreement and any other documents incorporated by reference, constitute the entire agreement between you and Decabrand regarding your use of our services.

Contact Us

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

Email: hello@decabrand.com
Company: Decafluence LLC, doing business as Decabrand