Terms of Service

These Terms of Service ("Terms") govern your use of the website operated by Buildwise Media LLC ("Buildwise Media," "we," "us," or "our") at buildwisemedia.com (the "Site") and any services we provide. By accessing the Site or engaging our services, you agree to these Terms.

1. Acceptance of Terms

By accessing or using our Site, you confirm that you are at least 18 years old and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must stop using the Site immediately.

2. Services

Buildwise Media provides AI-powered marketing services for service businesses, including but not limited to website development, content creation, paid advertising management, SEO, and marketing automation ("Services"). The specific scope of Services will be defined in a separate service agreement or proposal between Buildwise Media and the client ("Client").

We reserve the right to modify, suspend, or discontinue any part of our Services at any time with reasonable notice.

3. Client Responsibilities

As a Client, you agree to:

• Provide accurate and timely information necessary for us to perform the Services
• Review and approve deliverables within agreed-upon timelines
• Ensure that any content, materials, or data you provide to us does not infringe on any third-party rights
• Maintain the security of any accounts or credentials shared with us

4. Payment Terms

Payment terms are outlined in your service agreement. General terms include:

• Invoices are issued monthly and due upon receipt unless otherwise specified
• All fees are in U.S. dollars
• Late payments may be subject to a fee of 1.5% per month or the maximum permitted by law, whichever is less
• Ad spend, software subscriptions, and third-party costs are the Client's responsibility and are billed separately

5. Intellectual Property

Client Ownership

Upon full payment, the Client owns all deliverables created by Buildwise Media as part of the Services. This includes, but is not limited to: website code and design, written content, brand assets, and marketing materials created specifically for the Client.

Client Accounts and Assets

All accounts created on behalf of the Client (ad accounts, analytics, domain registrations, hosting accounts) are set up in the Client's name and remain the Client's property. If the engagement ends, the Client retains full access and ownership of all accounts and assets.

Buildwise Media Tools and Methods

Buildwise Media retains ownership of its proprietary tools, processes, frameworks, and methodologies used in the delivery of Services. These are not transferred to the Client.

Portfolio Rights

Unless otherwise agreed in writing, Buildwise Media may reference the Client's name and a general description of work performed for portfolio and marketing purposes.

6. Termination

Our service agreements operate on a month-to-month basis. Either party may terminate the agreement with 30 days written notice. Upon termination:

• The Client retains ownership of all deliverables, accounts, and assets created during the engagement
• Any outstanding invoices become immediately due
• Buildwise Media will provide reasonable transition support to ensure continuity
• Access to Buildwise Media's proprietary tools and platforms will be revoked

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This obligation survives termination of the agreement for a period of 2 years. Confidential information does not include information that is publicly available, independently developed, or disclosed by a third party without restriction.

8. Limitation of Liability

To the maximum extent permitted by law:

• Buildwise Media's total liability for any claims arising from the Services shall not exceed the total fees paid by the Client in the 3 months preceding the claim
• Buildwise Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities
• Buildwise Media does not guarantee specific results, rankings, lead volumes, or revenue outcomes. Marketing results depend on many factors outside our control

9. Indemnification

The Client agrees to indemnify and hold harmless Buildwise Media, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:

• The Client's breach of these Terms
• Content or materials provided by the Client that infringe on third-party rights
• The Client's use of deliverables after the engagement ends

10. Disclaimer of Warranties

The Site and Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts located in Fulton County, Georgia.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. Continued use of the Site or Services after changes are posted constitutes acceptance of the updated Terms.

13. 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 so that the remaining provisions remain in full force and effect.

14. Contact Us

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

Buildwise Media LLC
11720 Amber Park Dr Ste 160 PMB 1232
Alpharetta, Georgia 30009
[email protected]