Terms of Service

Effective date: 2026-04-19

Last updated: 2026-04-19

1. Agreement

These Terms of Service ("Terms") form a binding agreement between you (the "Client," "user," or "you") and Popp Media Agency, a California-based entity ("Popp Media," "we," "our," or "us"). They cover your access to and use of the poppmedia.agency website, the me.poppmedia.agency publishing platform, and any related tools, SaaS offerings, proposals, or Statements of Work (together, the "Services"). If you do not agree, do not use the Services.

2. Services & Statements of Work

Deliverables, timelines, and fees for paid engagements are defined in individual proposals or Statements of Work ("SOW") that incorporate these Terms by reference. If an SOW conflicts with these Terms, the SOW controls for that specific engagement.

3. Accounts & access

  • You may receive a dashboard login at me.poppmedia.agency. You are responsible for safeguarding credentials and for all activity under your account.
  • Notify us within 24 hours of any suspected compromise at security@poppmediaagency.com.
  • We may suspend accounts for violation of these Terms, non-payment, or security reasons.

4. Fees, invoicing, and payment

  • Invoices are due Net 15 unless otherwise stated in the SOW.
  • Late balances accrue interest at 1.5% per month (18% APR) or the maximum allowed by law, whichever is lower.
  • We may pause work on overdue accounts after 15 days' written notice.
  • Refunds are handled on a case-by-case basis per the cancellation terms in the SOW.
  • Recurring subscriptions renew automatically unless cancelled at least 14 days before the renewal date.

5. Intellectual property

Unless an SOW specifies otherwise:

  • Your assets (logos, photos, copy, media you provide) remain your property at all times.
  • Custom deliverables produced exclusively for you (campaign graphics, custom copy, custom code) transfer to you upon full payment of the final invoice.
  • Pre-existing Popp Media IP (our internal scripts, frameworks, prompts, AI tooling, templates) remains our exclusive property; you receive a perpetual, non-exclusive, non-sublicensable license to use it within the delivered work product.
  • Third-party IP (stock photos, fonts, music, plugins) is licensed per that provider's terms; we will document the license scope per asset.

6. Acceptable use

You agree not to:

  • Violate any law or infringe third-party rights through the Services
  • Upload malware, spam, harassing content, or deceptive material
  • Reverse-engineer, resell, sublicense, or white-label the Services without written consent
  • Attempt to disable, overload, or circumvent security controls
  • Use the Services to publish content you do not have authorization to distribute

7. Content responsibility

You are solely responsible for the content you create, schedule, or publish through the Services, including compliance with each destination platform's terms (Facebook, Instagram, LinkedIn, X, TikTok, YouTube, Google, etc.). Popp Media acts as a conduit and does not pre-review content.

8. Confidentiality

Each party agrees to keep the other's non-public business information confidential for five (5) years after an engagement ends, except where disclosure is required by law, subpoena, or court order. This obligation survives termination.

9. Warranty disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee specific marketing results, social-platform reach, ad ROI, or platform availability (which is outside our control).

10. Limitation of liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, POPP MEDIA'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO POPP MEDIA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

11. Indemnification

You agree to indemnify, defend, and hold harmless Popp Media Agency and its owners, officers, employees, and contractors from and against any claim, damage, loss, cost, or expense (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) content you provide or publish; (c) your breach of these Terms; or (d) your violation of any law or third-party right.

12. Termination

  • Either party may terminate an SOW with 14 days' written notice.
  • Upon termination, Client pays for all work performed and expenses incurred through the termination date.
  • We may terminate immediately for non-payment, material breach, or illegal use.
  • Sections 5, 8, 9, 10, 11, 13, and 14 survive termination.

13. Governing law & dispute resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute shall be resolved in the state or federal courts located in Los Angeles County, California, and both parties consent to personal jurisdiction and venue there. The prevailing party is entitled to recover reasonable attorneys' fees and costs.

14. Force majeure

Neither party is liable for failure to perform due to events beyond reasonable control (natural disasters, labor disruption, internet outages, platform outages, government action). The affected party will give prompt notice and make commercially reasonable efforts to resume performance.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be emailed to active account holders and announced on this page at least 14 days before taking effect. Continued use of the Services after the effective date constitutes acceptance.

16. Entire agreement

These Terms, together with any applicable SOW and our Privacy Policy, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous understandings.

17. Contact

Popp Media Agency
7051 Coldwater Canyon Ave
North Hollywood, CA 91605
legal@poppmediaagency.com