TERMS OF SERVICE

Fox Lite Media

Effective Date: May 6, 2025

Last Updated: May 6, 2025

Welcome to Fox Lite Media. By accessing our website or using any of our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree with these Terms, do not use our services.

1. ABOUT FOX LITE MEDIA

Fox Lite Media ("Company," "we," "us," or "our") is a marketing agency that provides digital marketing, advertising, SMS marketing, content creation, and related services to businesses and individuals ("Clients"). These Terms govern your access to and use of our website and services.

2. ACCEPTANCE OF TERMS

By using our website, submitting a contact form, signing a service agreement, or otherwise engaging with Fox Lite Media, you confirm that you:

- Are at least 18 years of age

- Have the legal authority to enter into a binding agreement

- Agree to these Terms and our Privacy Policy

If you are using our services on behalf of a business, you represent that you have authority to bind that business to these Terms.

3. SERVICES PROVIDED

Fox Lite Media offers marketing services including but not limited to:

- Digital advertising (paid search, social media, display)

- SMS and email marketing campaigns

- Content creation and copywriting

- Website design and development

- Brand strategy and consulting

- Analytics and reporting

The scope, deliverables, timelines, and fees for specific services will be outlined in a separate written agreement or proposal between Fox Lite Media and the Client. In the event of a conflict between these Terms and a signed service agreement, the signed service agreement will control.

4. SMS MARKETING SERVICES & A2P COMPLIANCE

Fox Lite Media operates SMS marketing campaigns in compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, carrier A2P 10DLC registration requirements, and all applicable federal and state regulations.

When we manage SMS campaigns on your behalf, you as the Client are responsible for:

- Ensuring all contacts have provided proper, documented opt-in consent prior to receiving messages

- Maintaining accurate opt-in records and honoring opt-out requests promptly

- Ensuring campaign content complies with applicable laws and carrier guidelines

- Registering your brand and campaigns through A2P 10DLC where required

Fox Lite Media is not liable for legal violations arising from a Client's failure to obtain proper consent or comply with applicable SMS regulations.

5. CLIENT RESPONSIBILITIES

As a Client, you agree to:

- Provide accurate and complete information necessary to perform services

- Respond to reasonable requests for approvals, feedback, or materials in a timely manner

- Ensure all materials you provide (logos, copy, images) do not infringe any third-party rights

- Pay all agreed fees on time as specified in your service agreement

- Use our services only for lawful purposes and in compliance with all applicable laws

6. PAYMENT TERMS

Payment terms, rates, and schedules are specified in each Client's service agreement or proposal. Unless otherwise agreed in writing:

- Invoices are due within 30 days of issuance

- Late payments may incur a fee of 1.5% per month on the outstanding balance

- Fox Lite Media reserves the right to pause or suspend services for accounts with overdue balances

- All fees are non-refundable unless explicitly stated otherwise in a signed agreement

7. INTELLECTUAL PROPERTY

Unless otherwise agreed in writing:

- Fox Lite Media retains ownership of all tools, templates, processes, and proprietary methodologies used in delivering services

- Upon receipt of full payment, Fox Lite Media grants the Client a non-exclusive license to use deliverables created specifically for that Client

- Client-provided materials (logos, brand assets, copy) remain the Client's property at all times

Fox Lite Media may use completed work in its portfolio or for promotional purposes unless the Client requests otherwise in writing.

8. CONFIDENTIALITY

Both parties agree to keep confidential any non-public business information shared during the course of the engagement. This includes business strategies, campaign data, customer lists, and financial information. This obligation survives termination of the service relationship.

9. DISCLAIMER OF WARRANTIES

Our services are provided "as is" and "as available." Fox Lite Media does not guarantee specific marketing results, advertising performance, or return on investment. Marketing outcomes depend on many factors outside our control, including platform algorithms, market conditions, and audience behavior.

We make no warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Fox Lite Media shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services. Our total liability to any Client shall not exceed the total fees paid by that Client to Fox Lite Media in the three (3) months preceding the claim.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fox Lite Media and its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: your use of our services, your breach of these Terms, your violation of any law or third-party rights, or any materials you provide to us.

12. TERMINATION

Either party may terminate a service engagement as specified in the applicable service agreement. Fox Lite Media reserves the right to suspend or terminate access to our services immediately, without notice, if a Client violates these Terms, engages in fraudulent or illegal activity, or fails to make payment.

Upon termination, all outstanding fees become immediately due and payable.

13. GOVERNING LAW & DISPUTES

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in [Your City, State].

14. MODIFICATIONS TO THESE TERMS

Fox Lite Media reserves the right to update these Terms at any time. We will indicate the updated date at the top of this page. Continued use of our services after changes are posted constitutes your acceptance of the revised Terms.

15. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and Fox Lite Media regarding the use of our services and supersede all prior agreements or understandings.

16. CONTACT US

If you have questions about these Terms, please contact us:

Fox Lite Media

Email: [email protected]

Phone: (305) 746-8790

Address: 3050 sw 37th ave, Miami FL 33133