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Analog Elk

Legal

Terms of Service

Last updated: [EFFECTIVE DATE]

This document is a template and has not yet been reviewed by legal counsel. It is provided for transparency and does not constitute legal advice.

These Terms of Service (“Terms”) govern your access to and use of the website, client portal, and creative and production services (collectively, the “Services”) provided by [LEGAL ENTITY NAME] (“Analog Elk,” “we,” “us,” or “our”). Please read them carefully.

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Services.

2. Our Services

Analog Elk is a creative agency offering services that may include design, web development, branding, content, and related production work. The specific scope, deliverables, fees, and timelines for any engagement are defined in a separate written proposal, statement of work, or order (an “Order”). In the event of a conflict between an Order and these Terms, the Order controls for that engagement.

3. Accounts & the Client Portal

Some Services require an account on our client portal. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate information and to notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

4. Payment & Billing Terms

  • Fees. Fees are set out in the applicable Order and may be one-time, recurring, fixed-term, or paid over time.
  • Payment processing. Payments are processed through Stripe. By submitting payment, you authorize us and Stripe to charge the applicable amounts to your selected payment method.
  • Invoices & due dates. Unless an Order states otherwise, invoices are due upon receipt. Late or unpaid amounts may result in suspension of Services and may accrue interest as permitted by law.
  • Recurring charges. For recurring or fixed-term plans, you authorize automatic charges each billing period until cancelled in accordance with the applicable Order.
  • Taxes. Fees are exclusive of taxes; you are responsible for any applicable sales, use, or similar taxes.
  • Refunds. Except where required by law or stated in an Order, fees are non-refundable.

5. Intellectual Property

Ownership of deliverables is governed by the applicable Order. Absent contrary terms, final deliverables are assigned to you upon full payment, while Analog Elk retains ownership of its pre-existing materials, tools, frameworks, and know-how. The Analog Elk name, logo, website, and underlying code remain our property. Unless otherwise agreed, we may reference completed work in our portfolio and marketing.

6. Acceptable Use

You agree not to:

  • Use the Services for any unlawful or fraudulent purpose;
  • Attempt to gain unauthorized access to the Services, the client portal, or other accounts;
  • Interfere with or disrupt the integrity or performance of the Services;
  • Upload malicious code or content that infringes others’ rights; or
  • Reverse engineer or resell the Services except as permitted by law.

7. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure.

8. Limitation of Liability

To the maximum extent permitted by law, Analog Elk and its officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill. Our total aggregate liability arising out of or relating to the Services will not exceed the amounts you paid to us for the specific engagement giving rise to the claim in the twelve (12) months preceding the event.

9. Indemnification

You agree to indemnify and hold harmless Analog Elk from claims, damages, and expenses arising out of your use of the Services, your content, or your violation of these Terms or applicable law.

10. Termination

Either party may terminate an engagement as set out in the applicable Order. We may suspend or terminate your access to the Services if you breach these Terms or fail to pay amounts due. Upon termination, fees accrued before termination remain payable, and provisions that by their nature should survive (including IP, disclaimers, limitation of liability, and indemnification) will survive.

11. Governing Law

These Terms are governed by the laws of [STATE/JURISDICTION], without regard to its conflict-of-laws rules. The parties agree to the exclusive jurisdiction of the state and federal courts located in [STATE/JURISDICTION] for any dispute that is not otherwise subject to an agreed dispute-resolution process.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes may be communicated through the Services or by email. Your continued use of the Services after an update constitutes acceptance of the revised Terms.

13. Contact Us

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