Terms of Service

Last Updated: May 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Elevate Media ("Company," "we," "us," or "our"), located at 333 SE 2nd Ave. Ste 2050, Miami, FL 33131. By accessing our website or engaging our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not use our website or engage our services. We reserve the right to update these Terms at any time. Continued use of our services after changes constitutes acceptance.

2. Description of Services

Elevate Media provides digital advertising agency services including, but not limited to:

• Professional website development for advertising purposes
• Native advertising account setup and campaign management
• Google Ads campaign management and optimization
• Microsoft/Bing Ads campaign management
• Meta Ads (Facebook and Instagram) campaign management
• Full-funnel digital advertising strategy and execution
• Landing page and conversion rate optimization
• Brand scaling strategy and consulting

Elevate Media is an independent advertising agency. We are not affiliated with, endorsed by, or a partner of Google LLC, Meta Platforms Inc., Microsoft Corporation, or any advertising platform. Our services involve managing campaigns on these platforms on behalf of clients.

3. No Guarantee of Results

ELEVATE MEDIA DOES NOT GUARANTEE ANY SPECIFIC ADVERTISING RESULTS, RETURN ON INVESTMENT, LEAD VOLUME, CONVERSION RATES, AD PLACEMENTS, OR CAMPAIGN APPROVALS.

Digital advertising performance is subject to numerous factors beyond our control, including but not limited to:

• Advertising platform policies, algorithms, and approval processes
• Market competition and audience behavior
• Client budget levels and campaign duration
• Creative quality, landing page performance, and offer competitiveness
• Seasonal fluctuations and economic conditions
• Changes to platform terms of service or ad policies

Case studies and results referenced on our website represent past client experiences and are not guarantees of future performance. Results vary by industry, budget, and competitive environment.

4. Client Responsibilities

As a client, you agree to:

• Provide accurate, complete, and lawful information about your business and offerings
• Ensure your products, services, and business comply with all applicable laws and advertising platform policies
• Provide timely access to ad accounts, analytics, and required credentials
• Respond to requests for approvals, content, and feedback within agreed timeframes
• Maintain sufficient advertising budget to support agreed campaign strategies
• Notify us promptly of any material changes to your business, offers, or legal standing
• Not engage in deceptive, misleading, or unlawful advertising practices

5. Fees and Payment

Service fees are outlined in individual service agreements or proposals. Unless otherwise stated:

• Management fees are separate from advertising spend paid directly to platforms
• Invoices are due within the payment terms stated on each invoice
• Late payments may incur a 1.5% monthly late fee
• We reserve the right to pause or terminate services for non-payment
• Refunds are subject to the terms of your individual service agreement

You are solely responsible for all advertising spend charged by third-party platforms. Platform charges are not included in agency management fees unless explicitly stated in writing.

6. Intellectual Property

Upon full payment of all fees, you own the creative assets, ad copy, and website content we produce specifically for your campaigns. We retain the right to use anonymized campaign data and general strategies for internal improvement and case study purposes (without revealing your confidential information).

We retain ownership of our proprietary methodologies, templates, software, and processes. You may not reverse-engineer, resell, or sublicense any of our proprietary tools or methods.

7. Confidentiality

Both parties agree to keep confidential any non-public business information shared during the engagement. This obligation survives termination of services. Confidential information does not include information that is publicly available, independently developed, or required to be disclosed by law.

8. Platform Policy Compliance

All advertising campaigns are subject to the terms, policies, and approval processes of the respective advertising platforms. We will use commercially reasonable efforts to create compliant campaigns, but we cannot guarantee that any ad, account, or campaign will be approved or remain active. Platform suspensions, policy violations attributed to client-provided content or business practices, or changes in platform policies are not grounds for refunds of management fees already earned.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELEVATE MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our total cumulative liability to you for any claims arising under these Terms shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Elevate Media and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content, products, or services you provide or advertise.

11. Termination

Either party may terminate services with written notice as specified in the individual service agreement. Upon termination:

• All outstanding fees become immediately due
• We will provide reasonable assistance in transitioning account access
• Provisions regarding confidentiality, IP, limitation of liability, and governing law survive termination

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising out of or related to these Terms or our services shall be resolved by binding arbitration in Miami-Dade County, Florida, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive the right to participate in a class action lawsuit or class-wide arbitration.

13. Disclaimer of Warranties

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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

14. Entire Agreement

These Terms, together with any executed service agreements or proposals, constitute the entire agreement between you and Elevate Media regarding our services and supersede all prior agreements, understandings, or representations. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.

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