Terms of Service

This Terms of Service Agreement (“Agreement”) is made and entered into by and between:

Clark Studios, Inc. 270 Bristol St. Suite 101 · PMB #102
Costa Mesa, CA, 92626
USA
(“Service Provider”)

and

(“Client”)

This Agreement will be effective upon the Client agreeing to the terms and conditions outlined in the intake form where this Agreement is located.

1. Services Provided

The Service Provider agrees to provide the following services (the “Services”):

a. Collection and analysis of the Client’s social media posts across specified platforms (Facebook, Instagram, TikTok, X, etc.) on a monthly basis.
b. Identification of opportunities for improvement based on data analysis and industry benchmarks.
c. Delivery of a monthly report outlining findings, recommendations, and actionable insights for enhancing social media performance.

2. Term

This Agreement will commence on the date of acceptance and will continue on a month-to-month basis until terminated by either party in accordance with the terms of this Agreement.

3. Client Responsibilities

a. The Client agrees to provide the Service Provider with access to their social media accounts and any other necessary information required to perform the Services.
b. The Client agrees to comply with all applicable privacy laws and terms of use of the social media platforms used.

4. Confidentiality

a. Both parties agree to keep confidential all information obtained from the other party during the term of this Agreement.
b. The Service Provider will not disclose any information regarding the Client’s social media accounts or performance to any third party without the Client’s prior written consent.

5. Intellectual Property

a. The Client retains all rights to their social media content and any other materials provided to the Service Provider.
b. The Service Provider retains all rights to the analysis, reports, and recommendations provided to the Client.

6. Termination

a. Either party may terminate this Agreement at any time by providing 1 day written notice to the other party.
b. Upon termination, the Service Provider will deliver to the Client any outstanding reports and return any materials provided by the Client.

7. Limitation of Liability

a. To the fullest extent permitted by law, the Service Provider’s liability to the Client for any claim arising out of this Agreement will be limited to the amount of fees paid by the Client to the Service Provider in the three (3) months preceding the claim.
b. The Service Provider will not be liable for any indirect, incidental, consequential, or punitive damages arising out of or related to the Services.

8. Governing Law

This Agreement will be governed by and construed in accordance with the laws of California. Any disputes arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of California.

9. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.

10. Amendments

No modification or amendment of this Agreement will be effective unless made in writing and signed by both parties.

11. Notices

All notices required or permitted under this Agreement will be in writing and will be deemed delivered when delivered in person or sent by certified mail, return receipt requested, to the addresses specified above.

Clark Studios, Inc.
270 Bristol St. Suite 101 · PMB #102 · Costa Mesa, CA, 92626
Phone: 949.610.2956
Email: justin@clarkstudios.co

By agreeing to these terms and conditions in the intake form, the Client acknowledges and accepts all the terms and conditions outlined in this Agreement.