Important Legal Notice
These Terms and Conditions constitute a legally binding agreement between you and BeliefAds. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree, please do not use our services.
1. Acceptance of Terms
Welcome to BeliefAds ("Company," "we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our website, services, and products (collectively, the "Services").
1.1 Agreement to Terms
By accessing or using our Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific services or features. This agreement takes effect when you:
- Visit our website or use our services
- Create an account with us
- Submit a project inquiry or request a quote
- Enter into a service agreement or contract
- Receive or use any deliverables from us
1.2 Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that:
- You are at least 18 years of age
- You have the authority to bind any business entity you represent
- You are not prohibited from using our Services under applicable law
- All information you provide is accurate and truthful
1.3 Modifications 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 our website
- Updating the "Last Updated" date
- Sending email notification for significant changes
- Providing in-app or on-site notifications
Your continued use of our Services after such modifications constitutes your acceptance of the updated Terms.
2. Our Services
2.1 Service Description
BeliefAds provides professional digital services including, but not limited to:
- Web Design & Development: Custom website design, UI/UX design, frontend and backend development
- Graphic Design: Brand identity, logo design, marketing materials, visual assets
- Digital Marketing: SEO, content marketing, social media marketing, advertising campaigns
- Consulting Services: Strategy, analytics, optimization, and technical consulting
- Maintenance & Support: Ongoing website maintenance, updates, and technical support
2.2 Service Availability
We strive to provide continuous access to our Services, but we do not guarantee uninterrupted availability. We may:
- Temporarily suspend Services for maintenance or updates
- Modify, discontinue, or replace Services at our discretion
- Impose limits on certain features or restrict access to parts of Services
- Experience downtime due to factors beyond our control
2.3 Service Scope
The specific scope of services will be defined in individual service agreements, proposals, or statements of work. Unless explicitly stated in writing, services do not include:
- Ongoing hosting or domain registration fees
- Third-party software licenses or subscriptions
- Stock photography, fonts, or other licensed assets
- Services outside the agreed scope of work
3. User Accounts
3.1 Account Registration
To access certain features of our Services, you may need to create an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access
- Accept responsibility for all activities under your account
3.2 Account Security
You are responsible for maintaining the security of your account credentials. We are not liable for any loss or damage arising from your failure to maintain account security.
3.3 Account Suspension or Termination
We reserve the right to suspend or terminate your account if:
- You violate these Terms or applicable laws
- You provide false or misleading information
- Your account is inactive for an extended period
- We determine that suspension is necessary to protect our rights or others' rights
4. User Responsibilities
4.1 Prohibited Activities
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws, regulations, or third-party rights
- Infringing on intellectual property rights of others
- Uploading or transmitting viruses, malware, or harmful code
- Attempting to gain unauthorized access to our systems
- Interfering with the proper functioning of our Services
- Scraping, harvesting, or collecting user data without permission
- Impersonating another person or entity
- Engaging in fraudulent, deceptive, or misleading practices
- Using our Services for any illegal or unauthorized purpose
- Reselling or redistributing our Services without authorization
4.2 Content Standards
Any content you submit or upload must:
- Comply with all applicable laws and regulations
- Not infringe on any third-party rights
- Not contain defamatory, obscene, or offensive material
- Not promote discrimination, hatred, or violence
- Not contain spam, advertising, or promotional content (unless authorized)
4.3 Compliance with Laws
You are responsible for ensuring that your use of our Services complies with all applicable local, state, national, and international laws and regulations.
5. Intellectual Property Rights
5.1 Our Intellectual Property
All content, features, and functionality of our Services, including but not limited to:
- Website design, layout, and graphics
- Text, images, videos, and other media
- Software, code, and algorithms
- Logos, trademarks, and brand elements
- Proprietary processes and methodologies
are owned by BeliefAds or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
5.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for their intended purpose. This license does not include any right to:
- Reproduce, modify, or create derivative works
- Distribute, sell, or sublicense our content
- Reverse engineer or decompile any software
- Remove any copyright or proprietary notices
- Use our trademarks or branding without permission
5.3 Work Product Ownership
Upon full payment for services rendered:
- Client Ownership: You own the final deliverables created specifically for you
- Our Retention: We retain ownership of preliminary designs, drafts, and unused concepts
- Third-Party Elements: Third-party components (fonts, stock photos, plugins) remain owned by their respective owners
- Portfolio Rights: We retain the right to display completed work in our portfolio and marketing materials
Ownership Transfer
Full ownership of custom work transfers to you only after all payments have been received in full. Until then, we retain all rights to the work product.
6. Client Content and Materials
6.1 Client-Provided Materials
You grant us a non-exclusive, royalty-free, worldwide license to use any content, materials, or information you provide for the purpose of delivering our Services.
6.2 Your Representations
You represent and warrant that:
- You own or have the right to use all materials you provide
- Your materials do not infringe on any third-party rights
- Your materials comply with all applicable laws
- You have obtained all necessary permissions and licenses
6.3 Indemnification for Client Materials
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your materials or your breach of these representations.
7. Payment Terms
7.1 Fees and Pricing
Service fees will be specified in individual proposals, quotes, or service agreements. All fees are in U.S. Dollars unless otherwise stated.
7.2 Payment Schedule
Unless otherwise agreed in writing, our standard payment terms are:
| Project Phase | Payment Due |
|---|---|
| Project Initiation | 50% deposit required to begin work |
| Mid-Project Milestone | 25% upon completion of design phase (if applicable) |
| Project Completion | Final 25% due before final delivery |
| Monthly Retainers | Due on the 1st of each month |
7.3 Late Payments
Payments not received within 15 days of the due date are subject to:
- A late fee of 1.5% per month (18% annually) or the maximum allowed by law
- Suspension of work until payment is received
- Collection costs and legal fees if legal action is required
- Termination of the agreement at our discretion
7.4 Refund Policy
Due to the custom nature of our services:
- Deposits: Non-refundable once work has commenced
- Completed Work: Payments for completed milestones are non-refundable
- Cancellations: Client is responsible for payment of all work completed to date
- Exceptions: Refunds may be considered on a case-by-case basis at our sole discretion
7.5 Taxes
All fees are exclusive of taxes. You are responsible for paying all applicable sales, use, value-added, and other taxes, except for taxes based on our income.
7.6 Payment Methods
We accept the following payment methods:
- Credit/Debit Cards (Visa, MasterCard, American Express)
- ACH/Bank Transfer
- PayPal
- Wire Transfer (for larger projects)
- Check (by prior arrangement)
8. Project Delivery and Timelines
8.1 Timeline Estimates
Project timelines provided are estimates and not guarantees. Actual delivery dates may vary based on:
- Client feedback and approval timelines
- Scope changes or additional requirements
- Availability of client-provided materials
- Technical complexities or unforeseen challenges
- Third-party dependencies
8.2 Client Cooperation
Timely project completion requires your cooperation, including:
- Providing necessary materials and information promptly
- Responding to requests and providing feedback within agreed timeframes
- Making timely decisions on design and functionality
- Providing access to necessary accounts and systems
8.3 Revisions
Our service packages include a specified number of revision rounds:
- Included Revisions: Number specified in service agreement
- Additional Revisions: Billed at our standard hourly rate
- Scope Changes: Requests outside original scope require additional fees
- Revision Deadline: Revisions must be requested within 30 days of delivery
8.4 Approval and Acceptance
You will have a reasonable period (typically 7 days) to review and approve deliverables. Failure to provide feedback within this period constitutes acceptance.
9. Warranties and Disclaimers
9.1 Our Warranties
We warrant that:
- Services will be performed in a professional and workmanlike manner
- We have the right to provide the services and deliverables
- Our work will not infringe on third-party intellectual property rights
- We will use industry-standard practices and methodologies
9.2 Disclaimer of Warranties
Important Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
- Our Services will meet your specific requirements or expectations
- Services will be uninterrupted, timely, secure, or error-free
- Results obtained from Services will be accurate or reliable
- Any errors or defects will be corrected
- Services will achieve specific business results or rankings
9.3 No Guarantee of Results
We cannot guarantee specific results from our services, including but not limited to:
- Search engine rankings or traffic
- Sales, revenue, or conversion rates
- Social media engagement or follower growth
- Return on investment (ROI)
10. Limitation of Liability
10.1 Limitation Amount
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BELIEFADS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, OR USE
- LOSS OF BUSINESS OPPORTUNITIES
- COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES
ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.
10.2 Maximum Liability
Our total liability for any claims arising out of or related to these Terms or our Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the event giving rise to the liability, or $1,000, whichever is greater.
10.3 Exceptions
The limitations in this section do not apply to:
- Our gross negligence or willful misconduct
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Liability that cannot be excluded by law
11. Indemnification
You agree to indemnify, defend, and hold harmless BeliefAds, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your violation of these Terms
- Your violation of any law or regulation
- Your violation of any third-party rights, including intellectual property rights
- Your use of our Services
- Any content or materials you provide
- Any negligent or willful misconduct on your part
We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.
12. Termination
12.1 Termination by You
You may terminate these Terms by:
- Ceasing all use of our Services
- Closing your account (if applicable)
- Providing written notice of termination for ongoing services
12.2 Termination by Us
We may terminate or suspend your access to our Services immediately, without prior notice, for:
- Violation of these Terms
- Non-payment of fees
- Fraudulent, abusive, or illegal activity
- Any reason at our sole discretion
12.3 Effect of Termination
Upon termination:
- Your right to use our Services immediately ceases
- You remain responsible for all outstanding payments
- We may delete your account and data
- Provisions that by their nature should survive termination will continue to apply
12.4 Project-Specific Termination
For active projects:
- Either party may terminate with 14 days written notice
- Client is responsible for payment for all work completed to date
- Upon full payment, client receives all completed deliverables
- We retain all preliminary work and unused concepts
13. Confidentiality
13.1 Confidential Information
"Confidential Information" means any non-public information disclosed by one party to the other, including but not limited to:
- Business strategies and plans
- Technical information and processes
- Customer and supplier information
- Financial information
- Trade secrets and proprietary information
13.2 Obligations
Both parties agree to:
- Keep Confidential Information strictly confidential
- Use it only for the purposes of providing or receiving Services
- Not disclose it to third parties without written consent
- Protect it with the same care as their own confidential information
13.3 Exceptions
Confidential Information does not include information that:
- Is or becomes publicly available through no breach by the receiving party
- Was rightfully possessed prior to disclosure
- Is independently developed without use of Confidential Information
- Is rightfully received from a third party without confidentiality restrictions
- Must be disclosed by law or court order
13.4 Duration
Confidentiality obligations survive for three (3) years after termination of these Terms, or indefinitely for trade secrets.
14. Dispute Resolution
14.1 Informal Resolution
Before initiating formal proceedings, parties agree to attempt to resolve disputes through good-faith negotiations for at least 30 days.
14.2 Arbitration
Any dispute that cannot be resolved through negotiation shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).
The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction.
14.3 Class Action Waiver
You agree that disputes will be resolved on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.
14.4 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
14.5 Jurisdiction and Venue
To the extent arbitration does not apply, you agree that any legal action shall be brought exclusively in the state or federal courts located in San Francisco, California.
15. General Provisions
15.1 Entire Agreement
These Terms, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and BeliefAds and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
15.3 Waiver
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision shall not constitute a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.
15.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God, natural disasters, or epidemics
- War, terrorism, or civil unrest
- Government actions or regulations
- Labor disputes or strikes
- Internet or telecommunications failures
- Third-party service failures
15.6 Independent Contractors
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, or employment relationship.
15.7 Third-Party Beneficiaries
These Terms are for the benefit of the parties only and do not confer any third-party beneficiary rights.
15.8 Language
These Terms are drafted in English. Any translation is provided for convenience only. In case of conflict, the English version prevails.
15.9 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
16. Contact Information
For questions about these Terms or to report violations, please contact us:
BeliefAds Legal Team
General Inquiries
hello@beliefads.comMailing Address
BeliefAds LLC
Legal Department
123 Digital Avenue, Suite 100
San Francisco, CA 94102
United States
We will respond to all legitimate requests within a reasonable timeframe.
Thank You for Choosing BeliefAds
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Last Updated: January 15, 2024