Terms of Service

Loudest Creative is a creative agency based in Los Angeles, California that provides professional design, search engine optimization (SEO), and email marketing services on a subscription basis. Our services are organized into three categories:

• Design: graphic design for your brand including flyers, posters, packaging, social media graphics, web banners, menus, digital ads, and other visual assets.
• SEO: search engine optimization services including audits, on-page optimization, keyword strategy, and ongoing management.
• Email Marketing: email automation flow setup, campaign design, build, and ongoing campaign management.

Services are managed through your client portal (dashboard), where you can submit requests, review deliverables, manage your subscriptions, and communicate with our team.

Design Plans: Design subscriptions include a set number of credits per billing period. One credit equals one deliverable size or format (e.g., one Instagram post, one flyer size). Most projects require a minimum of three credits. Credits do not roll over. Unused credits expire at the end of each billing period. Available plans:

• Core: $749/month (30 credits)
• Pro: $1,249/month (60 credits)
• Unlimited: $1,999/month (no credit cap; unlimited projects and formats)

Fair Use Policy:All plans, including the Unlimited plan, are designed for single-location small businesses. "Unlimited" refers to no fixed credit cap for a single business location with typical small business design needs. It is not intended for high-volume production, multi-location operations, franchise networks, agencies reselling design services, or any use that would reasonably exceed the output capacity of a single dedicated designer. We reserve the right to contact you to discuss custom pricing if your usage significantly exceeds typical small business volume. Multi-location businesses, franchises, and agencies should contact us for custom enterprise pricing.

SEO Plans: SEO services are offered as both one-time and recurring subscriptions:

• One-Time SEO Audit: $500 (one-time purchase)
• SEO Plus: $500/month
• SEO Premium: $1,249/month

Email Marketing Plans: Email marketing services are offered as both one-time and recurring subscriptions:

• Flow Setup: $1,000 (one-time purchase)
• Campaign Starter: $1,000/month
• Campaign Pro: $3,500/month

All recurring subscriptions are billed monthly in advance via Square. By subscribing, you authorize Loudest Creative to store your payment method on file and charge it automatically at the start of each billing period. Subscriptions auto-renew each month until cancelled.

One-time services (e.g., SEO One-Time Audit, Flow Setup) are charged once at the time of purchase and are not recurring.

Bundle discounts are applied automatically to qualifying monthly charges while all required services remain active. See Section 4 for bundle pricing details.

Clients who subscribe to two or more service categories (Design, SEO, Email Marketing) receive a 10% discount on their combined monthly subscription fees. Clients who subscribe to all three categories receive a 20% discount on their combined monthly subscription fees. One-time services are not eligible for bundle discounts.

Bundle discounts apply only while the qualifying number of active categories is maintained. If you cancel a category and your active categories drop below the discount threshold, the discount will be removed or adjusted starting with the next billing period.

Loudest Creative reserves the right to change pricing at any time. We will provide at least 30 days' written notice before any price change takes effect for existing subscribers.

If a scheduled payment fails, Loudest Creative may pause or suspend your access to the Service until the outstanding balance is resolved. We will attempt to notify you via email of any failed payment. If payment remains outstanding, your account may be marked as delinquent. Loudest Creative is not responsible for any disruption to your service resulting from payment failure.

No refunds are issued for unused design credits or partial billing periods. If you cancel a recurring subscription, your access continues through the end of the current paid period, but no prorated refund will be provided.

One-time services are non-refundable once work has begun.

Turnaround times are estimates based on your plan (Design Core: 4 business days, Design Pro: 2 business days, Design Unlimited: 1 business day) and apply Monday through Friday only. Weekends and holidays are excluded. Turnaround begins when a complete brief is submitted. Delays caused by missing or unclear information may extend delivery times. Turnaround estimates for SEO and email marketing services vary by scope and will be communicated at the start of each engagement.

Revisions are included within reason. We will deliver multiple initial concepts for each project. Revision requests should be related to the original brief. We reserve the right to determine what constitutes a reasonable revision versus a new project.

Upon full payment, you own the final delivered designs and deliverables. You may use them for any lawful purpose. Loudest Creative retains the right to display completed work in our portfolio and marketing materials unless you request otherwise in writing.

We retain ownership of all preliminary concepts, drafts, and designs not selected by the client.

You are responsible for ensuring that any content, logos, or materials you provide to us are legally owned or licensed by you.

You may cancel any subscription at any time through the client portal or by contacting us directly. Cancellation takes effect at the end of your current billing period. No partial refunds are issued for the remaining days in a billing cycle.

If cancelling a subscription causes your active service categories to drop below a bundle discount threshold, the discount will be adjusted or removed starting with the next billing period for your remaining active subscriptions.

By providing your phone number to Loudest Creative, you consent to receive business-related text messages (SMS) and phone calls from us. These communications may include project updates, website preview links, billing reminders, and other messages related to your account and services.

• Frequency: message volume is low, typically 1–5 messages per month.
• Rates: standard message and data rates may apply. Loudest Creative does not charge for sending messages, but your mobile carrier may apply fees per your plan.
• Opt out: you may opt out of SMS messages at any time by replying STOP to any message from Loudest Creative. Opting out of SMS does not affect other communications (email, portal notifications).
• Help: reply HELP to any message for support, or email james@loudestcreative.com.
• Service provider: SMS messages are sent via Twilio. Your phone number is not shared with third parties for marketing purposes.

Consent to receive SMS is not a condition of purchasing any service. You may provide or withhold your phone number at your discretion.

You agree not to use our Service to create content that is illegal, defamatory, harassing, or in violation of any applicable law or regulation. We reserve the right to decline any project at our discretion.

The Service is provided "as is" and "as available." Loudest Creative makes no warranties, express or implied, regarding the Service, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by law, Loudest Creative's total aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees you paid to Loudest Creative in the three (3) months immediately preceding the event giving rise to the claim.

Loudest Creative is not liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost revenue, business interruption, or loss of data, regardless of the cause of action.

Loudest Creative does not guarantee specific results from SEO services, including search engine rankings, organic traffic levels, or indexing outcomes. Similarly, Loudest Creative does not guarantee specific results from email marketing services, including open rates, click-through rates, or conversion outcomes. Performance of SEO and email campaigns depends on factors outside our control.

You agree to indemnify, defend, and hold harmless Loudest Creative, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) content, materials, or information you provide to us; (b) your use or misuse of deliverables; or (c) your violation of these Terms.

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the state or federal courts located in Los Angeles County, California.

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice via email or through the Service before the changes take effect. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

Questions about these Terms? Reach out at james@loudestcreative.com. Loudest Creative is based in Los Angeles, California.