These Terms of Service ("Terms") govern your access to and use of the services, website, and related offerings provided by Luminosity Digital Marketing, LLC ("Luminosity," "we," "our," or "us"). By engaging our services or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our services.
1. Services
Luminosity provides marketing system installation, management, and optimization services, including but not limited to:
- Social media marketing and content creation
- Marketing automation (CRM, funnels, email sequences, booking systems)
- AI-assisted content development and strategy
- Communication systems (chatbots, SMS, phone systems)
- Custom AI agent development (Enterprise tier)
- Video and content production upgrades
- Campaign development and execution
The specific services, deliverables, and scope of work will be defined in a separate service agreement or statement of work executed between you and Luminosity.
2. Engagement and Onboarding
Services begin upon execution of a service agreement and receipt of applicable setup fees. During onboarding, you agree to provide timely access to necessary accounts, platforms, brand assets, and information required for service delivery. Delays caused by your failure to provide required access or materials may impact project timelines and deliverables.
3. Fees and Payment
- Setup Fees: One-time setup fees are due upon execution of the service agreement and are non-refundable once work has commenced.
- Monthly Fees: Recurring monthly management fees are billed on the first of each month and are due within 10 business days of invoice date.
- Add-On Services: Add-on services (chatbots, phone/SMS, video upgrades, campaigns) are billed separately as agreed upon in writing.
- Late Payments: Invoices unpaid after 15 days may incur a late fee of 1.5% per month. Luminosity reserves the right to pause services for accounts with outstanding balances exceeding 30 days.
4. Client Responsibilities
You agree to:
- Provide accurate and complete information necessary for service delivery
- Review and approve content, strategies, and deliverables within agreed timelines
- Maintain active subscriptions to any third-party platforms required for services (e.g., social media accounts, domain hosting, email services)
- Ensure that all materials provided to Luminosity do not infringe on any third-party intellectual property rights
- Designate a primary point of contact for communications and approvals
5. Intellectual Property
- Client Materials: You retain all ownership rights to your pre-existing content, brand assets, trademarks, and proprietary materials provided to Luminosity.
- Deliverables: Upon full payment, you own all custom content, graphics, copy, and creative assets produced specifically for your campaigns and projects.
- Luminosity Systems: Luminosity retains ownership of all proprietary systems, templates, workflows, automation frameworks, AI agent architectures, and methodologies. These are licensed for your use during the term of the service agreement but are not transferred.
- Portfolio Rights: Unless otherwise agreed in writing, Luminosity may reference the general nature of work performed (without disclosing confidential information) for portfolio, case study, and marketing purposes.
6. Confidentiality
Both parties agree to maintain the confidentiality of proprietary business information, strategies, data, and trade secrets disclosed during the engagement. Confidentiality obligations survive the termination of the service agreement for a period of two (2) years.
7. Term and Termination
- Minimum Term: Unless otherwise specified in your service agreement, services are provided on a month-to-month basis after the initial setup period.
- Termination by Client: You may terminate services with 30 days' written notice to info@luminositydigital.ai. You remain responsible for fees incurred through the termination date.
- Termination by Luminosity: We may terminate services with 30 days' written notice, or immediately in cases of breach of these Terms, non-payment exceeding 30 days, or illegal or unethical conduct.
- Effect of Termination: Upon termination, we will provide reasonable transition support, including export of your data and content. Access to Luminosity proprietary systems and workflows will be discontinued.
8. Disclaimers and Limitations
- No Guaranteed Results: Marketing outcomes depend on many variables beyond our control, including market conditions, competitive activity, product/service quality, and platform algorithm changes. While we apply best practices and data-driven strategies, we do not guarantee specific results, revenue levels, or performance metrics.
- Third-Party Platforms: We are not responsible for changes to third-party platform policies, algorithms, pricing, or availability (including but not limited to Instagram, Facebook, LinkedIn, TikTok, YouTube, Google, or CRM providers).
- Service Availability: We strive for uninterrupted service delivery but are not liable for delays caused by circumstances beyond our reasonable control, including force majeure events, platform outages, or internet disruptions.
9. Limitation of Liability
To the maximum extent permitted by law, Luminosity's total aggregate liability arising from or related to these Terms or our services shall not exceed the total fees paid by you to Luminosity during the six (6) months preceding the claim. In no event shall Luminosity be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill.
10. Indemnification
You agree to indemnify, defend, and hold harmless Luminosity and its officers, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) materials you provide that infringe third-party rights; (c) your misuse of deliverables; or (d) your violation of any applicable law or regulation.
11. Dispute Resolution
Any disputes arising from these Terms shall first be addressed through good-faith negotiation between the parties. If a resolution cannot be reached within 30 days, the dispute shall be resolved through binding arbitration administered under the rules of the American Arbitration Association, with proceedings held in the State of Maryland. Each party shall bear its own costs of arbitration.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of law principles.
13. Modifications
We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Continued use of our services after changes constitutes acceptance of the revised Terms. Material changes will be communicated to active clients via email.
14. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. Entire Agreement
These Terms, together with any executed service agreement, constitute the entire agreement between you and Luminosity regarding the subject matter hereof, and supersede all prior or contemporaneous communications, whether oral or written.
16. Contact Us
If you have questions about these Terms, please contact us:
Luminosity Digital Marketing, LLC
Email: info@luminositydigital.ai