Terms of Service | SkyHouse Agency

1. Agreement to Terms

By accessing or using the website at www.skyhouseagency.com (the “Site”) or engaging the services of SkyHouse Agency (“Company,” “we,” “our,” or “us”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use our Site or services.

2. Services

SkyHouse Agency provides digital advertising and marketing services, including but not limited to:

Paid media management (Meta, Google, TikTok, Programmatic)
Performance marketing strategy
Creative development
Analytics and reporting
E-commerce and lead generation optimization

2.1 Service Agreements

Specific services are governed by separate service agreements or statements of work (“SOW”) that will detail scope, deliverables, timelines, and fees. In the event of a conflict between these Terms and a SOW, the SOW shall prevail.

3. Client Responsibilities

By engaging our services, you agree to:

Provide accurate and complete information
Grant necessary access to advertising accounts and platforms
Respond to requests for approvals in a timely manner
Comply with all applicable advertising platform policies
Ensure your products, services, and marketing claims comply with applicable laws

4. Intellectual Property

4.1 Our Property

All content on the Site, including text, graphics, logos, and software, is the property of SkyHouse Agency or its licensors and is protected by intellectual property laws.

4.2 Client Materials

You retain ownership of all materials you provide to us. By providing materials, you grant us a license to use them solely for the purpose of delivering our services.

4.3 Work Product

Unless otherwise specified in a SOW, creative work and deliverables produced by SkyHouse Agency become the client's property upon full payment.

5. Payment Terms

Payment terms will be specified in individual service agreements
Late payments may incur interest at 1.5% per month or the maximum rate permitted by law
We reserve the right to suspend services for non-payment
All fees are non-refundable unless otherwise specified in your service agreement

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared during the engagement. This includes but is not limited to business strategies, customer data, campaign performance data, and trade secrets. This obligation survives termination of the agreement.

7. Limitation of Liability

To the maximum extent permitted by law:

Our total liability shall not exceed the fees paid by you in the six (6) months preceding the claim
We are not liable for indirect, incidental, special, consequential, or punitive damages
We are not liable for lost profits, data, or business opportunities
We are not responsible for third-party platform policy changes, outages, or account suspensions

8. Disclaimer of Warranties

Services are provided “as is” without warranties of any kind, express or implied. We do not guarantee specific results, revenue, or performance outcomes. Past performance is not indicative of future results. Marketing results depend on numerous factors outside our control.

9. Indemnification

You agree to indemnify and hold harmless SkyHouse Agency, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

Your breach of these Terms
Your violation of applicable laws or regulations
Your products, services, or marketing claims
Any third-party claims related to your advertising content

10. Termination

10.1 Termination for Convenience

Either party may terminate services with 30 days written notice, unless otherwise specified in a SOW.

10.2 Termination for Cause

Either party may terminate immediately upon material breach that remains uncured after 15 days written notice.

10.3 Effect of Termination

Upon termination, you shall pay for all services rendered through the termination date. We will provide reasonable assistance in transitioning campaigns.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.

11.2 Arbitration

Any disputes shall be resolved through binding arbitration in Austin, Texas, in accordance with the rules of the American Arbitration Association. This arbitration agreement does not preclude either party from seeking injunctive relief in court.

12. General Provisions

Entire Agreement: These Terms, along with any SOW, constitute the entire agreement between the parties.
Severability: If any provision is found unenforceable, the remaining provisions shall remain in effect.
Waiver: Failure to enforce any right does not constitute a waiver of that right.
Assignment: You may not assign these Terms without our written consent.
Force Majeure: Neither party shall be liable for delays due to circumstances beyond reasonable control.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted on the Site with an updated effective date. Continued use of our Site or services after changes constitutes acceptance of the modified Terms.

Contact Us

For questions about these Terms, please contact us:

SkyHouse Agency, LLC

10900 Research Blvd.

STE 160C 2667

Austin, TX 78759

hello@skyhouseagency.com