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Terms of Service

Effective Date: September 5, 2026
Last Updated: September 5, 2026

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website located at creativmisfits.com (the “Website”), and the terms under which Creative Misfits LLC, a Florida limited liability company (“Creative Misfits,” “we,” “us,” or “our”) provides marketing services to clients (“Client,” “you”). By accessing the Website, engaging our services, or signing a proposal or statement of work with us, you agree to be bound by these Terms.

Where a specific signed proposal, statement of work, or services agreement exists between Creative Misfits and a Client, that document’s specific terms (scope, price, deliverables, and timeline) control for that engagement. These Terms serve as the general framework governing every engagement and apply in full on any point a signed agreement doesn’t specifically address.

2. Description of the Website

The Website provides information about Creative Misfits’ services, including branding and creative, social media management, paid advertising, website design, drone videography and photography, and reputation and listings management, along with a means to contact us and schedule consultations.

3. Acceptable Use

When using the Website, you agree not to:

4. Intellectual Property

All content on the Website, including text, graphics, logos, images, video, and software, is the property of Creative Misfits or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Website content without our prior written permission, except for personal, non-commercial viewing.

The “CreativMisfits” name and logo are trademarks of Creative Misfits. All other trademarks appearing on the Website are the property of their respective owners.

5. Client Engagement Terms

This section governs the business relationship between Creative Misfits and clients who engage us for marketing services (branding, social media management, paid advertising, website design, drone videography/photography, and reputation/listings management).

5.1 Fees and Payment

For paid advertising services, our management fee is 20% of monthly ad spend, reduced to 15% on combined spend above $10,000/month. Advertising spend itself is paid directly by the Client to the advertising platform (Google, Meta, etc.) — Creative Misfits does not bill, mark up, or hold Client ad spend. Invoices are due upon receipt unless otherwise specified in a signed proposal or statement of work. Late payments may result in a pause of active services until the account is brought current.

5.2 Discounts

Clients committing to a 3-month term receive a 5% discount on management fees; a 6-month term receives 10%; bundling multiple services receives an additional 10%. These discounts apply to management fees only, not to advertising spend, and combined discounts are capped at 15% of management fees.

5.3 Term and Cancellation

Unless a signed proposal or statement of work specifies a different term, services are provided on a month-to-month basis and may be cancelled by either party with 30 days’ written notice. Committed-term discounts (Section 5.2) are contingent on completing the committed term; cancelling before the end of a committed term may result in a recalculation of fees at the standard (non-discounted) rate for the period already delivered.

5.4 Client Responsibilities

Client agrees to provide timely access to necessary accounts and platforms, respond to requests for approval, feedback, or content within a reasonable timeframe, and provide accurate information about their business. Delays in Client responsiveness may affect project timelines and are not attributable to Creative Misfits.

5.5 Ownership of Deliverables

Upon full payment for a given deliverable (such as a completed website, logo, or ad creative), ownership of that specific deliverable transfers to the Client. Creative Misfits retains the right to display completed work in our portfolio, case studies, and marketing materials, including performance results, unless the Client requests confidentiality in writing. Underlying tools, templates, and internal processes used to create deliverables remain the property of Creative Misfits.

5.6 Confidentiality

Both parties agree to keep confidential any non-public business, financial, or strategic information shared during the engagement, and to use such information solely for the purpose of the engagement. This obligation survives termination of services.

5.7 Limitation of Liability for Services

To the fullest extent permitted by law, Creative Misfits’ total liability arising from any services engagement is limited to the fees paid by the Client for the specific service giving rise to the claim in the three (3) months preceding the claim. This limitation applies regardless of the legal theory of liability, except where prohibited by law.

6. No Guarantee of Results

Creative Misfits provides marketing, advertising, and related services designed to help businesses improve their online presence and performance. Marketing outcomes depend on numerous factors outside our control, including market conditions, competition, platform algorithm changes, and a client’s own business operations.

Nothing on this Website, including case studies, testimonials, or performance figures, constitutes a guarantee or warranty of specific results for any prospective or current client. Any results referenced are historical and specific to the client and circumstances described; individual results will vary.

The Website may contain links to third-party websites or reference third-party platforms (such as Google, Meta, or Instagram) that are not owned or controlled by Creative Misfits. We are not responsible for the content, privacy practices, or terms of any third-party website or platform. Your use of any third-party website or platform is subject to that party’s own terms and policies.

Creative Misfits is an independent marketing agency and is not officially affiliated with, endorsed by, or a representative of Google, Meta, TikTok, or any other advertising or social media platform referenced on this Website, except where explicitly stated.

8. Disclaimers

THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CREATIVE MISFITS AND ITS OWNERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless Creative Misfits and its owners, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your use of the Website or violation of these Terms.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in Pinellas County, Florida, and you consent to the personal jurisdiction of such courts.

12. Changes to These Terms

We may revise these Terms at any time by updating this page. Continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We encourage you to review this page periodically.

13. Severability

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

14. Contact Information

Creative Misfits LLC
7901 4th St N, Suite 300, St. Petersburg, FL 33702
Phone: (813) 368-6362
Email: info@creativemisfits.us