Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, platform, and services provided by Thela Media Group, LLC DBA TMG ("TMG," "we," "our," or "us"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, you may not use our services.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

TMG provides AI-powered marketing services, including but not limited to:

• Marketing strategy development and execution
• AI-powered campaign optimization and automation
• Predictive analytics and marketing intelligence
• Attribution modeling and performance measurement
• Marketing technology platform access and support
• Consulting and advisory services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice, though we will make reasonable efforts to notify you of material changes.

3. Account Registration and Security

3.1 Account Creation

To access certain features of our services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Security

You are responsible for all activities that occur under your account. You agree to:

• Use a strong, unique password and enable two-factor authentication when available
• Immediately notify us of any unauthorized use of your account
• Not share your account credentials with others
• Not allow others to access your account
• Log out from your account at the end of each session

3.3 Account Termination

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion. You may terminate your account at any time by contacting us at support@tmg.agency.

4. Acceptable Use

4.1 Permitted Use

You may use our services only for lawful purposes and in accordance with these Terms. You are responsible for your use of the services and for any content you provide or actions you take.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our services
• Reverse engineer, decompile, or disassemble any aspect of our platform
• Use automated systems (bots, scrapers) without our written permission
• Resell or redistribute our services without authorization
• Remove or modify any copyright, trademark, or proprietary notices
• Use our services to compete with us or develop competing products
• Engage in any activity that harms TMG, our users, or third parties

5. Intellectual Property Rights

5.1 TMG Intellectual Property

All content, features, and functionality of our services, including but not limited to software, algorithms, text, graphics, logos, and trademarks, are owned by TMG or our licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use our services for their intended purpose.

5.2 Your Content

You retain ownership of any data, content, or materials you provide to us ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, process, analyze, and display Your Content solely to provide our services to you. We will not share Your Content with third parties except as necessary to provide services or as required by law.

5.3 Feedback

If you provide feedback, suggestions, or ideas about our services, you grant us an unrestricted, perpetual, royalty-free right to use such feedback without any obligation to you.

6. Service Agreements

6.1 Engagement Terms

Specific engagement terms are defined in the applicable service agreement, statement of work, or order form. If there is a conflict between these Terms and an executed service agreement, the executed service agreement controls for that engagement.

6.2 Access and Suspension

We may suspend or restrict access to services if required information, approvals, or cooperation are not provided, or if continued access would create legal, security, operational, or compliance risk.

6.3 Changes to Services

Service scope, deliverables, and timelines may be updated through written agreement between the parties. Material changes will be documented through the applicable service agreement or change process.

7. Support and Availability

We strive to maintain dependable service availability and performance. However, we do not guarantee uninterrupted or error-free service. Support commitments, if any, are defined only in your signed service agreement, statement of work, or order form.

8. Confidentiality

Both parties agree to maintain the confidentiality of any confidential information disclosed during the course of our relationship. Confidential information includes non-public business, technical, and financial information. This obligation survives termination of these Terms for a period of three years.

9. Warranties and Disclaimers

9.1 Limited Warranty

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. This warranty is subject to the terms of your service agreement.

9.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR YOUR SERVICE AGREEMENT, 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TMG 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, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE OUR SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; OR (D) ANY BUGS, VIRUSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH OUR SERVICES BY ANY THIRD PARTY.

IN NO EVENT SHALL TMG'S AGGREGATE LIABILITY EXCEED THE LIABILITY LIMIT SET FORTH IN THE APPLICABLE SERVICE AGREEMENT, OR THE MAXIMUM LIMIT PERMITTED BY LAW IF NO SUCH AGREEMENT APPLIES.

11. Indemnification

You agree to indemnify, defend, and hold harmless TMG and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal expenses, arising out of or in any way connected with: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) Your Content.

12. Term and Termination

12.1 Term

These Terms remain in effect while you use our services. Your service agreement specifies the term of the applicable engagement.

12.2 Termination by You

You may terminate your account at any time by providing written notice. Termination does not affect obligations that survive under these Terms or an executed service agreement.

12.3 Termination by Us

We may terminate or suspend your access immediately, without prior notice, for any reason, including if you breach these Terms. Upon termination, your right to use our services ceases immediately.

12.4 Effect of Termination

Upon termination: (a) you must cease all use of our services; (b) we may delete Your Content; (c) obligations incurred prior to termination remain in effect; and (d) provisions that by their nature should survive termination (including confidentiality, intellectual property, and limitation of liability) will survive.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@tmg.agency to attempt to resolve the dispute informally. We will attempt to resolve disputes through good faith negotiation.

13.2 Arbitration

If informal resolution fails, any dispute arising from these Terms or our services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will take place in Austin, Texas. Each party shall bear its own costs. The arbitrator's decision will be final and binding.

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions.

14.2 Entire Agreement

These Terms, together with your service agreement and our Privacy Policy, constitute the entire agreement between you and TMG regarding our services and supersede all prior agreements and understandings.

14.3 Amendments

We may modify these Terms at any time by posting the revised Terms on our website. Material changes will be notified via email or through our platform. Your continued use after changes become effective constitutes acceptance of the modified Terms.

14.4 Severability

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

14.5 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.6 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

14.7 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Contact Information

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