Terms of Service
Effective date: October 1, 2025
Contact: legal@tidehouseagency.com | PO Box 1154 Holly Springs NC 27540 | tidehouseagency.com
1) Acceptance of Terms
By accessing our websites or using our services, you agree to these Terms and any applicable order forms, statements of work, or partner terms referenced here.
2) Information We Collect
- You may need to provide accurate information and keep credentials confidential.
- We may suspend or terminate access for suspected misuse, nonpayment, or risk to others.
3) Acceptable Use
You agree not to: (a) violate laws; (b) infringe IP or privacy rights; (c) upload malware; (d) attempt to bypass security; (e) engage in abusive, harassing, or deceptive conduct.
4) Intellectual Property
Our IP: Sites, creative concepts, and deliverables we create remain ours until paid in full and as defined in your SOW. After payment, you receive the license/ownership stated in the SOW.
- Your IP: You grant us a limited license to use your trademarks/content solely to perform the services.
- Third-party materials: Third-party tools, platforms, and fonts are governed by their licenses.
5) User Content & Feedback
If you submit content (e.g., testimonials, reviews), you grant us a non-exclusive license to use it in accordance with your privacy choices and applicable FTC advertising rules for endorsements (e.g., clear and conspicuous disclosures of material connections).
6) Marketing Communications
You may receive emails and, if you consent, texts about our services. Email marketing follows CAN-SPAM (unsubscribe available); SMS marketing requires prior express written consent under the TCPA, and you may revoke consent at any time.
7) Third-Party Sites & Platforms
Our services integrate with third-party platforms (ad networks, analytics, social media). Those services are governed by their terms and privacy policies; we are not responsible for their content, policies, or availability.
8) Fees, Invoicing & Taxes
Fees and terms are defined in your order/SOW. Late payments may incur finance charges permitted by law. You are responsible for applicable taxes (excluding our income taxes).
9) Confidentiality
Each party will protect the other’s non-public information and use it only to perform under these Terms or as otherwise permitted in writing.
10) Data Privacy
Our Privacy Policy (linked) explains how we collect and use personal information, including cookies, targeted advertising, mailing lists, and your privacy rights, as required by state laws (e.g., California “Do Not Sell or Share,” Colorado/NJ universal opt-out, Nevada opt-out address).
11) Disclaimers
Services are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.
12) Limitation of Liability
To the fullest extent permitted by law, Tidehouse and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits/revenue/data. Our total liability for any claim is limited to fees paid to us for the services giving rise to the claim in the 12 months preceding the event.
(Some states restrict limitations and exclusions; the above applies only to the extent permitted by your state’s law.)
13) Indemnification
You will defend and indemnify us against claims arising from your content, your unlawful use of the services, or your breach of these Terms.
14) Dispute Resolution; Arbitration; Class Action Waiver (Optional)
Except where prohibited, disputes will be resolved by binding arbitration on an individual basis; no class actions or jury trials.
15) Governing Law & Venue
Choose a governing law and venue (e.g., [STATE], without regard to conflicts of laws), except where a consumer’s mandatory local laws apply.
16) Changes to Terms
We may update these Terms. If changes are material, we will notify you as required by law. Continued use after the effective date constitutes acceptance.
17) Contact
Questions about these Terms: legal@tidehouseagency.com.
