Terms of Service
Effective Date: 2026
These Terms of Service (“Terms”) govern the provision of services by Get Gifted Creative Agency (“Get Gifted,” “we,” “us,” or “our”) to you (“Client,” “you,” or “your”). By engaging Get Gifted for any services, you agree to be bound by these Terms.
Services
Get Gifted provides design and branding services for financial advisors and registered investment advisors, as described on our website, in proposals, or in any applicable statement of work (“SOW”). Services may include, but are not limited to:
• Brand strategy, visual identity, logo design, and related brand assets.
• Website and landing page design, wireframes, and UX/UI assets (design only unless otherwise agreed in writing).
• Marketing collateral (e.g., presentations, one-pagers, social graphics, email templates, and similar materials).
All services, deliverables, and timelines will be as outlined in the applicable SOW or order form.
Fees, Payment, and Refunds
• All fees must be paid as stated in the applicable SOW, invoice, or order form.
• Unless otherwise stated in writing, all fees are due in full before work begins or before delivery of final files.
• All fees are non‑refundable, including but not limited to strategy, creative work, drafts, and time spent on communication and revisions.
• Late payments may result in a pause or suspension of services and/or a delay in delivery of any work product.
• If your project includes recurring or retainer services, you authorize us to charge your chosen payment method in accordance with the billing schedule described in the SOW.
• You are responsible for any applicable taxes, payment processor fees, bank fees, or currency conversion charges.
Client Responsibilities and Compliance
Because Get Gifted serves financial advisors and registered investment advisors, you acknowledge and agree that:
• You are solely responsible for ensuring that all content, disclosures, and communications created for you or used by you comply with all applicable laws, regulations, and rules, including but not limited to those of the SEC, FINRA, state securities regulators, insurance regulators, and any applicable professional or licensing bodies.
• Get Gifted does not provide legal, compliance, tax, or investment advice, and nothing in our deliverables should be construed as such advice.
• You will obtain all necessary approvals (including compliance or supervisory approvals) for any content or materials before they are used, published, or distributed.
• You represent and warrant that all information, instructions, and materials you provide to us (including text, images, brand assets, testimonials, performance data, or disclosures) are accurate, lawful, and not misleading or deceptive.
You agree to promptly review drafts and deliverables and to provide timely feedback and approvals needed for us to perform the services.
Revisions, Timeline, and Delays
• Any included revisions, rounds of edits, or scope of work will be specified in your SOW or proposal. Additional revisions, changes in scope, or new requests may result in additional fees and extended timelines.
• Timelines provided by Get Gifted are estimates only and depend on your responsiveness, compliance reviews, and third‑party factors.
• Get Gifted is not liable for delays in deliverables caused by late payments, slow feedback, compliance review processes, third‑party vendors, force majeure events, or other circumstances beyond our reasonable control.
Intellectual Property
Client Materials
• You retain ownership of all materials you provide to us (“Client Materials”).
• You grant Get Gifted a non‑exclusive, worldwide, royalty‑free license to use, reproduce, modify, and display the Client Materials solely as necessary to perform the services and to showcase the work in our portfolio as described below.
• You are responsible for ensuring you have all necessary rights, licenses, and permissions to provide Client Materials to us.
Agency Deliverables
• Upon full and final payment of all fees due, and subject to these Terms and your compliance with them, Get Gifted grants you a non‑exclusive license to use the final, approved deliverables for your own internal business and marketing purposes.
• Unless expressly agreed otherwise in writing, Get Gifted retains all rights, title, and interest in and to any and all underlying concepts, methodologies, processes, templates, and non‑client‑specific know‑how used or developed in the course of the engagement.
Portfolio and Marketing Use
• You grant Get Gifted the right to display your name, logo, and non‑confidential aspects of the work (for example, screenshots, mockups, case studies, and testimonials you explicitly provide) in our portfolio, on our website, and in marketing materials, unless you and Get Gifted agree in writing to a specific confidentiality or non‑disclosure requirement that restricts this.
Confidentiality and Non‑Disclosure
• Each party may receive confidential or proprietary information from the other party in connection with the services (“Confidential Information”).
• The receiving party agrees to use the disclosing party’s Confidential Information solely for the purpose of performing or receiving the services and not to disclose it to any third party except as required by law or as reasonably necessary to perform the services (e.g., to subcontractors or vendors bound by confidentiality obligations).
• Confidential Information does not include information that is or becomes publicly available without breach of these Terms, is independently developed without use of the other party’s Confidential Information, or is rightfully received from a third party without a duty of confidentiality.
Get Gifted generally does not sign separate NDAs for each client; however, these confidentiality obligations apply to all services provided under these Terms.
No Guarantees and Disclaimers
• Design, branding, and marketing outcomes are inherently uncertain and depend on many factors outside our control, including your market, audience behavior, regulatory constraints, and your own business practices.
• Get Gifted does not guarantee any particular result, including specific numbers of leads, conversions, assets under management, revenue, search rankings, or social media engagement.
• All services, deliverables, recommendations, and reports are provided “as is” and “as available” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non‑infringement.
You acknowledge that any use of our deliverables is at your sole risk, and you remain responsible for how you implement and present them.
Limitations of Liability
To the fullest extent permitted by law:
• Get Gifted shall not be liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, lost business opportunities, or loss of data, arising out of or in connection with the services, even if advised of the possibility of such damages.
• Get Gifted’s total aggregate liability for any and all claims arising out of or related to the services or these Terms shall not exceed the total fees actually paid by you to Get Gifted for the specific project or engagement giving rise to the claim.
You agree that these limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal or equitable theory.
Indemnification
You agree to indemnify, defend, and hold harmless Get Gifted and its owners, employees, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
• Your use of the services or deliverables;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, rule, or professional standard (including securities, advertising, and consumer protection laws and regulations);
• Any allegation that Client Materials or your use of the deliverables infringe, misappropriate, or otherwise violate any third‑party right.
Industry Restrictions
Get Gifted reserves the right, in its sole discretion, to decline or terminate work with any client or project that:
• Promotes illegal activity or unlawful products or services;
• Contains hateful, discriminatory, or defamatory content directed at any person, group, or protected class;
• Involves deceptive, misleading, or fraudulent practices;
• Is inconsistent with our ethical standards or brand values.
If you are unsure whether your requested project or content falls within these restrictions, you agree to contact us before placing an order or signing an SOW. If a project is canceled for these reasons after work has begun, you remain responsible for fees incurred to date.
Third‑Party Tools, Platforms, and Content
• Our work may involve or integrate third‑party tools, fonts, stock assets, or platforms (for example, website builders, email service providers, or design tools). Any use of third‑party resources is subject to their own terms and licenses.
• Where applicable, you are responsible for obtaining and maintaining your own licenses, subscriptions, or accounts and for complying with all third‑party terms.
Get Gifted is not responsible for changes in third‑party services, policies, or availability that affect your use of the deliverables.
Termination
• Either party may terminate an engagement (SOW or project) as set forth in the applicable SOW or, if not specified, upon written notice if the other party materially breaches these Terms and fails to cure the breach within a reasonable period after written notice.
• Upon termination, you will pay for all services performed and costs incurred up to the effective date of termination, including any non‑cancelable commitments and minimum fees specified in the SOW.
• Unless otherwise stated, retainers and prepaid fees are non‑refundable, but we may, at our discretion, credit unused work to a future project.
Upon request and subject to full payment, Get Gifted will provide you with any completed deliverables in a commercially reasonable format.
Confidentiality of Fees and Documentation
You agree that:
• All fees, proposals, SOWs, strategic recommendations, creative processes, and internal documentation shared by Get Gifted are confidential.
• You will not disclose our pricing, methodologies, or proprietary processes to any third party, except as required by law or to your professional advisors under confidentiality obligations.
Governing Law and Dispute Resolution
• These Terms and any disputes arising out of or relating to them or the services shall be governed by and construed in accordance with the laws of the state where Get Gifted is organized or primarily operates, without regard to its conflict of law principles.
• The parties will first attempt in good faith to resolve any dispute informally. If a dispute cannot be resolved informally, the parties agree to submit the matter to mediation or, if agreed in writing, binding arbitration or a court of competent jurisdiction in the same state.
Nothing in this section prevents either party from seeking injunctive or equitable relief to prevent actual or threatened misuse of intellectual property or Confidential Information.
Changes to These Terms
Get Gifted may update or modify these Terms from time to time. The “Effective Date” at the top will be updated when changes are made. Your continued use of our services after any changes become effective constitutes your acceptance of the revised Terms.
Contact
If you have any questions about these Terms or whether your use case or project is permitted, please contact Get Gifted Creative Agency before initiating a project or making payment.
Important Note (Non‑Legal Advice): This Terms of Service is a general template intended for a design and branding agency serving financial advisors and RIAs. It is not legal advice. A licensed attorney familiar with your specific business model, jurisdiction, and regulatory environment should review and customize this document before you rely on it.
