Terms of Service

Last updated: July 2026

Terms of Service

Infusion Agency

Last Updated: July 14, 2026

These Terms of Service ("Terms") govern your access to and use of the website located at theinfusionagency.com (the "Site") and the digital marketing services offered by [Business Legal Name] ("Infusion Agency," "we," "us," or "our"). By purchasing services, accessing the Site, or otherwise engaging us, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Site or purchase our services.

1. Overview and Acceptance

Infusion Agency is a United States–based provider of digital marketing services. These Terms constitute a binding agreement between you and us. We may update these Terms from time to time; the version in effect at the time of your purchase governs that purchase. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms.

2. Scope of Services

Infusion Agency provides professional digital marketing services, which may include (depending on what you purchase) marketing strategy, campaign planning, content creation, social media management, search engine optimization, paid advertising management, email marketing, analytics and reporting, consulting, and related creative and professional deliverables (collectively, the "Services").

The specific Services, deliverables, scope, timelines, and fees applicable to your engagement will be described at the point of purchase, in a written proposal, statement of work, order confirmation, or service description page (each, an "Order"). Each Order is incorporated into and governed by these Terms. If there is a conflict between an Order and these Terms, the Order controls with respect to the specific engagement.

Services not expressly included in your Order are outside the scope of the engagement and may require a separate Order and additional fees.

3. One-Time Purchases and Fees

Unless your Order expressly states otherwise, Services are offered as one-time purchases for a defined scope of work rather than recurring subscriptions.

Pricing. Fees are stated at the point of purchase and are in U.S. dollars unless otherwise noted.
Payment. Payment is processed securely through our third-party payment processor, Stripe. We do not store or process your full payment card details ourselves. By purchasing, you authorize us and Stripe to charge the applicable fees.
Payment timing. Unless otherwise stated in your Order, payment is due in full at the time of purchase before work begins. For larger engagements, an Order may specify deposits or milestone payments.
Taxes. Fees are exclusive of applicable taxes unless otherwise stated. You are responsible for any sales, use, or similar taxes associated with your purchase, other than taxes based on our net income.
Additional work. Work requested beyond the scope described in your Order may be billed separately at our then-current rates, subject to your approval.

4. Client Responsibilities and Materials

The quality and timeliness of the Services depend substantially on your cooperation. You agree to:

Provide, in a timely manner, all information, content, brand assets, access credentials, approvals, feedback, and materials reasonably necessary for us to perform the Services ("Client Materials");
Ensure that all Client Materials are accurate and that you have all rights, licenses, and permissions necessary for us to use them in connection with the Services;
Designate a point of contact with authority to provide approvals and direction;
Respond to requests for feedback or approval within a reasonable time; and
Comply with the terms, policies, and guidelines of any third-party platforms (such as advertising networks or social media platforms) used in connection with the Services.

You are solely responsible for the legality, accuracy, and appropriateness of Client Materials. Delays in providing Client Materials, feedback, or approvals may delay delivery and are not our responsibility. If your delay materially impedes our ability to perform, we may adjust timelines accordingly.

5. Delivery of Digital Deliverables

We will use commercially reasonable efforts to deliver the Services and any digital deliverables (such as files, documents, creative assets, reports, or configured campaigns) in accordance with the timelines described in your Order. Unless otherwise agreed, deliverables are provided in digital form and transmitted electronically (for example, by download link, shared folder, email, or through the relevant platform).

Estimated timelines are good-faith estimates and are not guarantees. Delivery dates are dependent on your timely cooperation and the provision of Client Materials.

6. Revisions

Where revisions are applicable to your Order, we will provide a reasonable number of revision rounds as specified in that Order. If the Order does not specify, we will provide revisions reasonably necessary to conform the deliverable to the agreed scope.

Revisions are intended to refine deliverables within the originally agreed scope. Requests that materially change the scope, direction, or requirements ("change requests") are not revisions and may be treated as additional work subject to a separate Order and additional fees. We will notify you if a request falls outside the included revisions before performing the additional work.

7. Acceptable Use

You agree not to use the Site or the Services to:

Violate any applicable law, regulation, or third-party right;
Infringe any intellectual property, privacy, or publicity right;
Transmit any content that is unlawful, defamatory, deceptive, harassing, obscene, or otherwise objectionable;
Promote illegal goods or services, or engage in fraudulent, misleading, or deceptive marketing practices;
Introduce malware or attempt to gain unauthorized access to our systems or those of others;
Interfere with or disrupt the integrity or performance of the Site or Services; or
Use the Services in a manner that violates the terms or policies of any third-party platform.

We reserve the right to refuse, suspend, or terminate Services for any engagement that we reasonably believe violates this section or exposes us to legal or reputational risk.

8. Intellectual Property and License

Our IP. The Site and all underlying materials, including our methodologies, know-how, templates, tools, software, and pre-existing works (collectively, "Infusion IP"), are and remain our exclusive property. Nothing in these Terms transfers ownership of Infusion IP to you.

Client Materials. You retain all rights in Client Materials. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display Client Materials solely as necessary to perform the Services.

Deliverables. Upon our receipt of full payment for the applicable Services, we grant you a perpetual, non-exclusive, worldwide license to use the final deliverables produced specifically for you under the Order for your own business purposes. Where your Order expressly states that deliverables are assigned to you, ownership of those final deliverables transfers to you upon full payment, excluding any Infusion IP or third-party materials incorporated therein, which are licensed rather than assigned. Until full payment is received, you have no license to use any deliverable.

Third-party materials. Deliverables may incorporate third-party materials (such as stock assets, fonts, or software) that are subject to their own license terms, which you agree to comply with.

Portfolio use. Unless you request otherwise in writing, we may reference the fact that we provided Services to you and may display non-confidential deliverables and results in our portfolio, case studies, and marketing materials.

9. Confidentiality

Each party may receive confidential information of the other. Each party agrees to protect the other's confidential information with reasonable care and to use it only as necessary to perform under these Terms. This section does not apply to information that is public, independently developed, or rightfully obtained from a third party.

10. Disclaimers; No Guarantee of Results

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No guarantee of specific results. Digital marketing outcomes depend on many factors outside our control, including your products, market conditions, competition, budget, third-party platform algorithms and policies, and your own actions. We do not guarantee, and expressly disclaim any promise of, any specific results, including any particular level of traffic, rankings, leads, conversions, sales, revenue, engagement, return on investment, or business outcome. Any examples, forecasts, projections, or past results are illustrative only and are not a guarantee of future performance.

We do not warrant that the Services or Site will be uninterrupted, error-free, or free of harmful components, or that any third-party platform will remain available or unchanged.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INFUSION AGENCY, ITS OWNERS, OFFICERS, EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Infusion Agency and its owners, officers, employees, and contractors from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client Materials; (b) your use of deliverables; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party right or third-party platform policy.

13. Term and Termination

These Terms apply for the duration of your engagement. Either party may terminate an engagement as set out in the applicable Order. We may suspend or terminate Services immediately if you breach these Terms, fail to make payment when due, or engage in prohibited conduct. Upon termination, you remain responsible for fees for Services performed through the effective date of termination. Refund eligibility upon cancellation or termination is governed by our Refund Policy. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [State], without regard to its conflict-of-laws principles. The parties agree that the state and federal courts located in [State] will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party consents to personal jurisdiction and venue in those courts, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Miscellaneous

Entire agreement. These Terms, together with any applicable Order and our Privacy Policy and Refund Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior understandings.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Independent contractor. We provide the Services as an independent contractor. Nothing creates a partnership, joint venture, agency, or employment relationship.
Force majeure. Neither party is liable for delays or failures caused by circumstances beyond its reasonable control.

16. Contact

Questions about these Terms may be directed to:

[Business Legal Name] [Business Address] Email: support@theinfusionagency.com Website: theinfusionagency.com