1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you ("you," "Client") and CollectivePOV ("CollectivePOV," "we," "us," "our") governing your use of our website (the "Site") and the services we provide ("Services"). By using the Site, requesting a proposal, booking a call, or engaging us, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you don't agree, don't use the Site or Services.
2. Eligibility & authority
You represent that you are at least 18 years old and, if acting for a business, that you are authorized to bind that business to these Terms.
3. Order of precedence
If there is any conflict between documents, the following order controls: (1) a signed proposal or statement of work ("SOW"); then (2) these Terms; then (3) the Site, marketing materials, and AI-chat content. Nothing on the Site, in marketing, or in our AI chat overrides a signed SOW or these Terms.
4. Informational content; no offer or professional advice
Content on the Site, in our AI chat assistant, in proposals, and in marketing — including service descriptions, package tiers, starting prices, statistics, examples, and case studies — is provided for general information only, may contain errors or change without notice, and is not professional (legal, financial, tax, or other) advice, a guarantee, or a binding offer. Pricing shown is a starting point, not a quote; your actual scope, deliverables, fees, and timeline are set in your SOW. Case studies and performance figures reflect past results for specific clients and are illustrative only — results vary and are not promised.
5. Services & statements of work
We provide marketing, content, website, and AI/automation Services as described in your SOW. Each engagement is defined by a written proposal or SOW; where an SOW conflicts with these Terms, the SOW controls for that engagement. Complimentary proposals, audits, calls, or "teardowns" are provided "as is," create no obligation on either party, and do not form an engagement until a SOW is agreed.
6. Fees, deposits & payment
- Retainers (e.g., content & social, digital marketing) are billed monthly with a 3-month minimum unless the SOW states otherwise.
- Project work (e.g., websites, AIOS / automation builds) typically requires a 50% deposit to begin, balance per the SOW.
- AIOS / AI projects begin with a paid discovery session (currently $500), credited toward the project on engagement. Where offered, a 30-day pilot / proof-of-concept is credited toward a larger build on upgrade, as scoped in the SOW.
- Ad spend, hosting, domains, third-party software, model/API usage, and similar pass-through costs are billed separately and are your responsibility.
- Fees exclude applicable taxes. Invoices are due per the SOW; late or unpaid amounts may pause work and accrue interest at the lesser of 1.5%/month or the maximum permitted by law. You authorize charges per your SOW and agree not to initiate chargebacks for Services delivered in accordance with the SOW.
7. Term, cancellation & refunds
Engagement length and notice are set in your SOW; retainers continue month-to-month after the minimum term until cancelled with the stated notice. Deposits and discovery fees are non-refundable once work has begun. On termination, you remain responsible for fees for work performed and non-cancellable third-party commitments through the effective date. We may suspend or terminate Services for non-payment or material breach.
8. Performance targets ("KPI" arrangements)
Where a content & social SOW sets KPI targets agreed at onboarding and those targets are not met in a given month, our labor fee for that month is waived as described in that SOW. This goodwill term applies only where expressly stated, excludes third-party costs (e.g., ad spend), and is not a guarantee of any specific business, revenue, ranking, traffic, or marketing outcome.
9. Client responsibilities
You will provide timely materials, approvals, access, and accurate information. Delays in your inputs may shift timelines and costs. You are responsible for the legality, accuracy, and rights to all content, data, and materials you provide.
10. Revisions & approvals
Revision rounds (e.g., two rounds on website projects) and approval steps are defined in your SOW. Work beyond the SOW may be quoted separately.
11. Intellectual property & ownership
Upon full payment, you own the custom deliverables, systems, and code we create specifically for you under your SOW — including, for AIOS / custom builds, the bespoke system we deliver. We retain ownership only of our pre-existing and general-purpose materials (tools, frameworks, libraries, methods, and know-how that are reusable and not unique to you), and we grant you a perpetual, non-exclusive license to use those as embedded in your deliverables. Until full payment, all deliverables remain our property. You grant us a limited license to use your names, logos, and materials solely to perform the Services.
12. Portfolio & publicity
We may reference your name, logo, and non-confidential work in our portfolio, case studies, and marketing, unless your SOW states otherwise or you ask us in writing not to.
13. Third-party platforms & services
The Services may rely on third-party platforms (e.g., Google, Meta, hosting, AI/model providers, analytics, messaging). Your use of those platforms is subject to their terms and policies, with which you agree to comply. We are not responsible for third-party availability, changes, pricing, policy decisions, account suspensions, ad disapprovals, or other actions outside our control.
14. Acceptable use of the Site & AI chat
You agree not to misuse the Site or AI chat, including by attempting to disrupt or overload it, reverse-engineer it, scrape it at scale, submit unlawful or infringing content, or rely on AI-chat output as professional advice or a binding commitment. AI-generated responses may be incomplete or inaccurate; the SOW and these Terms govern.
15. Confidentiality
Each party will protect the other's non-public information disclosed in connection with an engagement and use it only to perform or receive the Services, except where disclosure is required by law.
16. Privacy & communications
Our handling of personal information is governed by our Privacy Policy. By contacting us, booking, or engaging us, you consent to receive related emails and, where you provide a number, SMS. You may opt out of marketing messages anytime via the unsubscribe link or by contacting us; transactional messages may continue. You consent to transact and receive records electronically.
17. Client warranties
You represent and warrant that you own or have the rights to all materials you provide, that they do not infringe third-party rights or violate law, and that your products, services, and business comply with applicable law.
18. Disclaimers
The Site and Services are provided "as is" and "as available" to the fullest extent permitted by law. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Marketing and AI outcomes vary and are not guaranteed — we do not warrant any specific traffic, leads, rankings, revenue, or results.
19. Limitation of liability
To the fullest extent permitted by law, CollectivePOV will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, data, or goodwill. Our total aggregate liability arising out of or relating to the Services or these Terms will not exceed the fees you paid to us in the three (3) months preceding the event giving rise to the claim. Some jurisdictions don't allow certain limitations, so parts of this section may not apply to you.
20. Indemnification
You will indemnify and hold CollectivePOV harmless from claims, damages, liabilities, and expenses (including reasonable legal fees) arising from the content or materials you provide, your products or services, your use of deliverables, or your violation of these Terms or applicable law.
21. Independent contractor
We act as an independent contractor. Nothing here creates a partnership, joint venture, employment, or agency relationship.
22. Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control.
23. Governing law & disputes
These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws rules. The parties will first attempt in good faith to resolve any dispute informally. Any unresolved dispute will be subject to the exclusive jurisdiction of the state and federal courts located in Atlanta, Georgia, except that either party may bring an individual claim in small-claims court.
24. Changes to these Terms
We may update these Terms from time to time; changes are effective when posted with the "Last updated" date revised. Continued use after changes constitutes acceptance.
25. Miscellaneous
These Terms with any applicable SOW are the entire agreement on their subject and supersede prior discussions. If any provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign in connection with a merger or sale. Our failure to enforce a provision is not a waiver. Headings are for convenience only. Survival: Sections 4, 6–8, 11, 15, 17–20, 23, and 25 survive termination. Notices may be given by email to the addresses the parties use for the engagement or to mgmt@collectivepov.com.
26. Contact
CollectivePOV
621 North Avenue NE, Atlanta, GA 30308
mgmt@collectivepov.com