Last Updated: May 2026

Welcome to EverGlow Marketing Co. (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our branding, web development, digital marketing, and growth services. By engaging our services, you agree to be bound by these Terms.

1. SERVICES & SCOPE

We provide a wide range of professional services, including but not limited to:

  • Branding & Strategy: Design, AI Logo Finishing, and Risk Analysis.
  • Web & App Development: Custom sites, E-commerce, and MVP development.
  • Digital Marketing: SEO, AI-driven GEO, PPC, and CRM setup.
  • All-Stage Growth: Funnel strategy and Conversion Rate Optimization (CRO).

Each project will be governed by a specific Statement of Work (SOW) or Proposal that outlines deliverables, timelines, and costs. In the event of a conflict, the SOW takes precedence over these general Terms.

2. INTELLECTUAL PROPERTY (IP) RIGHTS

2.1 Our Ownership

We retain ownership of all “Agency Materials,” including pre-existing proprietary tools, code libraries, methodologies, and “know-how” used to provide the services.

2.2 Your Ownership

Upon full and final payment, you receive ownership of the “Final Deliverables” (e.g., your finished logo, website code, or strategy documents).

2.3 AI-Generated Content

For services involving AI Logos or AI SEO/GEO content:

  • You acknowledge that current U.S. Copyright Office (USCO) regulations regarding AI-generated content are evolving.
  • While we provide “human-finishing” to enhance protectability, we cannot guarantee that AI-assisted elements are 100% copyrightable or trademarkable under current Federal law.

3. FEES, PAYMENT, & TAXES

  • Payment Terms: Fees are due as specified in your SOW. Most projects require a non-refundable deposit before work begins.
  • Late Payments: In accordance with Florida law, late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law.
  • Taxes: You are responsible for all applicable sales, use, or value-added taxes. As a Florida-registered entity, we will apply FL Sales Tax where legally required for tangible products or specific services.

4. CLIENT OBLIGATIONS & CONTENT

You represent that any text, images, or data provided to us are owned by you or that you have the legal right to use them.

  • The “Wait” Penalty: Our timelines depend on your timely feedback. Delays in providing requested assets (30+ days) may result in project suspension and a “restart fee.”
  • Indemnification: You agree to protect and defend the Company against any legal claims arising from content you provided that violates third-party intellectual property rights.

5. WARRANTIES & LIMITATION OF LIABILITY

5.1 No Guarantees of Success

Marketing is an art, not a hard science. While we use industry-leading strategies:

  • We do not guarantee specific rankings, conversion rates, or profit increases.
  • Third-party platforms (Google, Meta, Apple) constantly change their algorithms. We are not liable for fluctuations caused by these platforms.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW: In no event shall the Company be liable for any indirect, incidental, or consequential damages (including loss of profits). Our total liability for any claim arising out of these Terms shall not exceed the total amount paid by you to the Company during the six (6) months preceding the claim.

6. TERMINATION

  • For Convenience: Either party may terminate a project with 30 days’ written notice.
  • For Cause: We may terminate immediately if you fail to pay, provide misleading information, or engage in unethical business practices.
  • Post-Termination: You must pay for all work completed up to the date of termination.

7. CONFIDENTIALITY

Both parties agree to keep “Confidential Information” (trade secrets, strategy, non-public data) private. This obligation survives for three (3) years after the completion of the services.

8. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

  • Venue: Any legal action must be filed in the courts located in [Insert County, e.g., Miami-Dade or Broward], Florida.
  • Attorney’s Fees: In any action to enforce these Terms, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

9. MISCELLANEOUS

  • Global Compliance: While we are based in Florida, we strive to comply with global standards (like GDPR/CCPA) regarding data handling. Please refer to our Privacy Policy for more.
  • Force Majeure: We are not liable for delays caused by “Acts of God,” including hurricanes (a Florida reality), pandemics, or global internet outages.
  • Severability: If any part of these Terms is found unenforceable, the rest remains in full effect.

By signing an SOW or paying an invoice, you acknowledge that you have read, understood, and agreed to these Terms of Service.

For questions regarding these terms, please contact: [email protected]