Terms of Service

These Terms of Service and End-User License Agreement (collectively, the “Agreement”) govern your access to and use of the website located at loudr.agency (the “Site”) and any services provided by The Loudr Agency (Bottom Line Marketing LLC) (“The Loudr Agency,” “we,” “us,” or “our”). By accessing the Site or engaging our services, you agree to be bound by this Agreement. If you do not agree, you must not access the Site or engage our services.

This Agreement applies to all visitors, prospects, and clients. The Loudr Agency does not sell software. Our services consist of marketing, creative production, and digital platform management provided to businesses and individuals.

By accessing the Site, submitting an inquiry, or entering into a service engagement with The Loudr Agency, you represent that you are at least 18 years of age and have the legal authority to enter into this Agreement on behalf of yourself or the entity you represent. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement.

The Loudr Agency provides marketing, creative, and digital services including but not limited to: photography, videography, graphic design, social media management, paid advertising, website development, and marketing platform setup and management. The specific scope of services for any engagement will be defined in a separate project agreement or statement of work between the parties.

The Loudr Agency does not develop, license, or sell proprietary software. Any platform access granted in connection with our services is access to third-party platforms managed by or on behalf of clients, as further described in Section 4.

You may access and use this Site for lawful purposes only. You agree not to:

  • Use the Site in any manner that could damage, disable, or impair its functionality;
  • Attempt to gain unauthorized access to any portion of the Site or its related systems;
  • Use automated tools, scrapers, or bots to extract content from the Site without prior written consent;
  • Use the Site to transmit unsolicited communications or engage in any fraudulent or deceptive activity;
  • Reproduce, distribute, or create derivative works from Site content without our express written permission.

We reserve the right to suspend or terminate access to the Site for any user who violates these terms.

Client-Owned Platforms

In the course of providing services, The Loudr Agency may be granted access to platforms owned or operated by the client, including but not limited to social media accounts, Google Analytics properties, advertising accounts, e-commerce platforms, and email marketing platforms. The client represents that they have the authority to grant such access and that doing so does not violate any third-party terms of service.

The Loudr Agency will use access to client-owned platforms solely for the purpose of providing the contracted services. We will not access, use, or modify client platform accounts for any purpose outside the scope of the engagement.

Loudr-Managed Accounts

In some engagements, The Loudr Agency may create or manage accounts on clients’ behalf on third-party platforms. Where The Loudr Agency creates an account on a client’s behalf, the client acknowledges that the underlying account is subject to the terms of service of the applicable third-party platform. The Loudr Agency does not control and is not responsible for the policies, availability, pricing, or terms of any third-party platform.

Shopify and Website Development

For website development engagements, The Loudr Agency may operate as a collaborator or maintain administrative access to the client’s Shopify or other website platform account. During the engagement, both the client and The Loudr Agency may have administrative access and make changes to the website. The Loudr Agency is not responsible for unauthorized changes, errors, or data loss arising from the client’s or any third party’s independent actions within the platform. Upon termination of the engagement, The Loudr Agency will transfer full ownership and administrative access to the client and remove its own access in accordance with Section 8 of this Agreement.

Account Handover

Upon the conclusion of a client engagement, The Loudr Agency will transfer administrative control of all client-owned accounts and platforms to the client or a designated party. Clients are responsible for designating a recipient for account transfers and providing the necessary information to complete the transfer in a timely manner. The Loudr Agency is not responsible for delays in handover caused by the client’s failure to respond or provide required information.

The Loudr Agency offers certain subscription-based platform services (“Subscription Services”) that are managed and administered by The Loudr Agency on the client’s behalf. These services are billed directly by The Loudr Agency and do not constitute a direct agreement between the client and any underlying third-party provider.

Access and Billing

Access to Subscription Services is contingent on the client’s maintenance of an active paid engagement with The Loudr Agency for the specific service. Billing for Subscription Services is handled directly by The Loudr Agency according to the pricing and payment terms set forth in the applicable service agreement.

Suspension and Revocation of Access

If a client cancels their Subscription Service engagement, fails to make timely payment, or otherwise terminates their relationship with The Loudr Agency with respect to a Subscription Service, The Loudr Agency reserves the right to immediately suspend or permanently revoke the client’s access to that service upon notice or upon the effective date of cancellation, whichever is earlier.

The Loudr Agency is not liable for any business losses, data loss, service interruptions, or any other damages arising from the suspension or revocation of access to Subscription Services due to non-payment, cancellation, or termination of the engagement.

Third-Party Platform Changes

Subscription Services may depend on or incorporate third-party platforms. The Loudr Agency is not responsible for changes in third-party platform availability, pricing, features, or terms of service that may affect the functionality or cost of Subscription Services. The Loudr Agency will make reasonable efforts to notify clients of material changes that affect their service.

Clients are responsible for the following:

  • Maintaining the confidentiality of any login credentials, access keys, or administrative permissions shared with or by The Loudr Agency;
  • Ensuring that any third parties (including but not limited to the client’s employees, contractors, or vendors) granted access to platforms managed by The Loudr Agency comply with applicable platform terms of service and do not take actions that interfere with The Loudr Agency’s ability to perform services;
  • Promptly notifying The Loudr Agency of any unauthorized access to or use of any account or platform under the engagement;
  • Providing accurate, complete, and timely information, approvals, and resources necessary for The Loudr Agency to perform its services;
  • Ensuring that all content, materials, and information provided to The Loudr Agency for use in services do not infringe any third-party intellectual property rights and comply with applicable laws.

The Loudr Agency is not responsible for errors, data loss, or adverse outcomes resulting from the client’s or an authorized third party’s independent actions within any platform managed under the engagement.

Site Content

All content on this Site, including text, graphics, logos, images, and software, is the property of The Loudr Agency or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our express written permission.

Deliverables

All intellectual property developed or produced under a client engagement, including any trade secrets, moral rights, goodwill, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (the “Intellectual Property”), is a “work made for hire” and is initially the sole property of The Loudr Agency (Bottom Line Marketing LLC). Upon completion of all payments as outlined in the applicable agreement and delivery of the final work product, The Loudr Agency will transfer all intellectual property rights in the final deliverables to the client. Neither party may use deliverables for any purpose beyond that contracted for in the applicable agreement without prior written consent of the other party.

Portfolio and Marketing Use

The Loudr Agency reserves the right to use final deliverables, including photographs, video, and other produced assets, in our portfolio, on our website, across our social media channels, in marketing and promotional materials, and in award or industry submissions for the purpose of showcasing our work. We will not use your assets in any way that misrepresents your brand or discloses confidential business information. If you require that your project remain confidential or wish to restrict our portfolio use, please notify us in writing prior to project completion.

Payment terms for all services are set forth in the applicable project agreement or statement of work. Unless otherwise specified in writing:

  • All invoices are due within the timeframe specified in the applicable agreement;
  • The Loudr Agency reserves the right to pause or suspend active services for accounts with outstanding unpaid invoices;
  • All fees are non-refundable except as expressly stated in the applicable project agreement;
  • Clients are responsible for all applicable taxes associated with the services received.

Payment processing may be facilitated through third-party platforms including but not limited to QuickBooks Payments. By providing payment information, you authorize The Loudr Agency to charge the applicable fees in accordance with the agreed billing schedule. The Loudr Agency does not store credit card or banking information directly; payment data is handled by our payment processors in accordance with their respective security and privacy policies.

Either party may terminate a service engagement in accordance with the terms of the applicable project agreement. Upon termination:

  • The Loudr Agency will transfer ownership and administrative access to all client-owned accounts and deliverables for which full payment has been received;
  • Access to any Subscription Services managed by The Loudr Agency will be revoked on or after the effective termination date;
  • The Loudr Agency will retain access to client platforms only as long as reasonably necessary to complete the transition and will remove its access upon client confirmation of successful handover;
  • Cancellation fees may apply as outlined in the applicable project agreement and in The Loudr Agency’s Online Privacy & Service Policy.

The Loudr Agency’s asset and data storage obligations following termination are governed by the Data & Media Storage Policy set forth in The Loudr Agency’s Online Privacy & Service Policy.

The Loudr Agency uses and manages a variety of third-party platforms on behalf of clients, including but not limited to Google, Meta, Shopify, Klaviyo, and others. The Loudr Agency does not own, operate, or control these platforms and is not responsible for:

  • Changes to third-party platform features, algorithms, policies, or terms of service;
  • Platform outages, data loss, or service interruptions caused by third-party providers;
  • Advertising performance fluctuations caused by platform algorithm changes or market conditions;
  • Account suspensions or restrictions imposed by third-party platforms due to the client’s content, industry, or prior platform history.

The Loudr Agency will make reasonable efforts to inform clients of material third-party changes that affect their services but is not liable for resulting impacts on campaign performance or service delivery.

To the fullest extent permitted by applicable law, The Loudr Agency’s total liability to the client for any claims arising out of or related to this Agreement or any service engagement — whether in contract, tort, or otherwise — shall not exceed the total fees paid by the client to The Loudr Agency for the specific project or engagement giving rise to the claim.

In no event shall The Loudr Agency be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, or loss of platform access, even if advised of the possibility of such damages.

The limitations in this section apply to the maximum extent permitted by law and reflect a fair allocation of risk between the parties.

The Site and all services are provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Loudr Agency does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

The Loudr Agency does not guarantee specific results from marketing services, including but not limited to advertising performance, search engine rankings, social media growth, or revenue outcomes. Campaign results are subject to market conditions, platform algorithms, and other factors outside of our control.

Each party agrees to maintain the confidentiality of the other party’s proprietary and confidential information disclosed in connection with a service engagement. Confidential information shall not be disclosed to third parties without prior written consent, except as required by law. Confidentiality obligations survive the termination of any engagement. Detailed confidentiality terms applicable to vendor and contractor relationships are set forth in The Loudr Agency’s Vendor Partnership Agreement.

You agree to indemnify, defend, and hold harmless The Loudr Agency and its officers, directors, employees, agents, and successors from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Site or services in violation of this Agreement; (b) your violation of any applicable law or third-party right; (c) content, materials, or information you provide to The Loudr Agency for use in services; or (d) your independent actions within any platform managed under an engagement.

Your use of the Site is also governed by The Loudr Agency’s Online Privacy & Service Policy, which is incorporated into this Agreement by reference. By using the Site or engaging our services, you consent to the collection and use of your information as described in the Privacy Policy.

The Loudr Agency reserves the right to modify this Agreement at any time. Changes will be effective upon posting to the Site with an updated “Last updated” date. Your continued use of the Site or services after any modification constitutes your acceptance of the updated Agreement. We encourage you to review this Agreement periodically.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. In the event of any dispute arising out of or related to this Agreement, the parties agree to first attempt resolution through good-faith mediation before initiating litigation. Any litigation shall be brought exclusively in the courts of the State of Florida, and both parties consent to personal jurisdiction in that venue.

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The failure of The Loudr Agency to enforce any right or provision of this Agreement will not constitute a waiver of that right or provision.

This Agreement, together with The Loudr Agency’s Online Privacy & Service Policy and any applicable project agreement or statement of work, constitutes the entire agreement between you and The Loudr Agency with respect to your use of the Site and the services, and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties.

If you have questions about this Agreement, please contact us:

Email: privacy@loudr.agency

Denver Office: The Loudr Agency, 1900 Grant St, Suite 840, Denver, CO 80203

West Palm Beach Office: The Loudr Agency, 1250 Elizabeth Ave, Suite 2, West Palm Beach, FL 33401