Terms and Conditions

TERMS & CONDITIONS

Last Updated: 27 June 2025

1. Acceptance

By accessing https://poppmediaagency.com or hiring Popp Media Agency (“Services”), you (“Client,” “user”) agree to these Terms & Conditions (“Terms”). If you disagree, do not use the Services.

2. Services & Proposals

Deliverables, timelines, and fees are defined in individual proposals or Statements of Work (“SOW”). Those documents incorporate these Terms by reference. If there is a conflict, the SOW controls.

3. Account & Access

Clients may receive a dashboard login. You are responsible for safeguarding credentials and all activity under your account.

4. Fees, Invoicing & Payment

  • Invoices are due Net 15 unless stated otherwise.

  • Late payments accrue interest at 1.5 % per month (18 % APR) or the maximum allowed by law.

  • We may pause work for overdue accounts.

5. Intellectual Property

Unless otherwise stated in the SOW:

  • Client-Provided Assets remain yours.

  • Custom Deliverables (graphics, copy, code) become your property once the final invoice is paid in full.

  • Agency Tools & Pre-existing IP (scripts, frameworks, AI models) remain our exclusive property; you receive a perpetual, non-exclusive license to use them within the deliverables.

6. Acceptable Use

You agree not to:

  1. Break any law or infringe third-party rights.

  2. Upload malicious code or harassing content.

  3. Reverse-engineer or resell the Services without written consent.

7. Confidentiality

Both parties agree to keep non-public information confidential for 5 years after a project ends, except when required by law.

8. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT). We do not guarantee specific marketing results.

9. Limitation of Liability

To the fullest extent allowed by law, Popp Media Agency’s total liability for any claim shall not exceed the total fees paid by Client in the preceding 12 months. We are not liable for indirect, incidental, consequential, or punitive damages.

10. Indemnification

Client agrees to indemnify, defend, and hold harmless Popp Media Agency from any third-party claim arising out of Client’s misuse of the deliverables or violation of these Terms.

11. Termination

Either party may terminate an SOW with 14 days’ written notice. Client must pay for all work completed up to the termination date. Sections 5, 7, 8, 9, 10, and 12 survive termination.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California. Any dispute shall be resolved in the state or federal courts located in Los Angeles County, and both parties consent to personal jurisdiction there.

13. Changes to Terms

We may revise these Terms from time to time. Significant changes will be emailed or posted on the Site. Continued use after changes constitutes acceptance.

14. Contact

Legal questions? Email [email protected] or mail the address listed in Section 1.