Terms and Conditions for Lumify Creative Agency Last Updated: May 11, 2026
These Terms and Conditions ("Terms") govern your use of all websites, services, products, programs, and content provided by Lumify Creative Agency ("Lumify," "we," "us," or "our").
By accessing our website or engaging our services in any capacity, you agree to be bound by these Terms. If you do not agree, do not use our website or services.
Services Provided Lumify Creative Agency provides digital marketing strategy, paid advertising management, social media management, content creation, CRM implementation, marketing automation, videography and cinematography, branding, website design, consulting, and related creative and marketing services. The specific scope, deliverables, and timeline of each engagement are defined in a signed proposal, invoice, service agreement, or project contract. In the event of a conflict between these Terms and a signed contract, the signed contract controls.
No Guarantees of Results Marketing, advertising, and creative services involve inherent uncertainty. While Lumify commits to professional service, industry best practices, and honest effort on every account, we make no guarantee of specific results including but not limited to sales, revenue, leads, traffic, conversions, engagement, or return on ad spend. You acknowledge that outcomes are influenced by factors outside our control including market conditions, platform algorithm changes, product quality, pricing, competition, and your own business operations. Lumify is not responsible for business performance or financial outcomes of any kind.
Client Responsibilities To allow us to perform services effectively, you agree to:
Provide accurate, complete, and timely information required for your project. Provide content, approvals, creative assets, account access, and logins in a reasonable timeframe. Comply with all applicable platform policies including but not limited to Meta, Google, and TikTok advertising guidelines. Ensure that all advertising claims, offers, and representations in your campaigns comply with applicable federal, state, and local laws. Maintain your own backups of content, data, and creative assets.
You understand that delays in providing required materials may result in delays in service delivery, and Lumify is not responsible for missed deadlines caused by client delays.
Payments and Billing You agree to pay all fees as stated on invoices, proposals, checkout pages, or service agreements. Unless otherwise specified in writing:
Payments are due upfront or according to the schedule outlined in your agreement. Monthly retainers and subscription-based services are billed automatically on a recurring basis. Late or unpaid balances may result in a pause or suspension of service delivery without notice. A late fee of 1.5% per month may be applied to balances outstanding beyond 10 days of the due date.
Initiating a chargeback or payment dispute without first contacting Lumify in writing may result in immediate suspension of all services, termination of your account, and pursuit of the full outstanding balance through collections or legal action.
Refund Policy All fees paid to Lumify Creative Agency are generally non-refundable because our services involve time, intellectual work, strategy, and digital deliverables that cannot be returned. Any exception to this policy must be explicitly stated in your individual service contract or invoice. Dissatisfaction with results does not constitute grounds for a refund given the nature of marketing outcomes as described in the No Guarantees of Results section above.
Intellectual Property Unless otherwise agreed in writing:
You own final deliverables created specifically for your brand once your invoice is paid in full. Lumify retains all rights to its proprietary systems, frameworks, methodologies, templates, processes, and internal tools regardless of whether elements of those tools were used in your project. Lumify reserves the right to display completed work in its portfolio, case studies, and promotional materials unless you submit a written request to opt out within 30 days of project completion.
You represent and warrant that all materials, content, and assets you provide to Lumify do not infringe on any third-party intellectual property rights, and you agree to indemnify Lumify against any claims arising from materials you provided.
Content and Media Releases If Lumify produces video, photography, or other media on your behalf, you grant Lumify permission to record, produce, and edit content as necessary to fulfill the project. Unless otherwise agreed in a separate written release, you grant Lumify permission to use non-confidential project materials and final deliverables for portfolio, promotional, and marketing purposes in perpetuity.
CRM, Automation, and Software If Lumify installs, configures, or manages CRM systems, automation workflows, AI tools, or third-party integrations on your behalf:
You are solely responsible for ensuring your use of those systems complies with all applicable privacy laws including but not limited to CAN-SPAM, TCPA, GDPR, and CCPA. You are responsible for obtaining proper written consent from all leads, contacts, and subscribers before any communication is sent on your behalf. You are solely responsible for all messages sent from your accounts, phone numbers, and domains.
Lumify is not liable for platform bans, account suspensions, deliverability issues, domain blacklisting, or any enforcement actions taken by third-party platforms as a result of your campaigns or your failure to comply with applicable laws and platform policies.
Third-Party Platforms Our services frequently involve third-party tools including ad platforms, CRM software, hosting providers, payment processors, and analytics tools. You understand and agree that:
Each platform operates under its own terms of service and privacy practices, which you are responsible for reviewing and complying with. Service availability may be dependent on those third-party platforms and their uptime. Lumify is not responsible for outages, errors, data loss, policy changes, or enforcement actions caused by third-party platforms.
Confidentiality Both parties agree to keep confidential any proprietary, financial, or business information shared during the course of the engagement that is reasonably understood to be confidential. This obligation survives termination of services. Lumify will not share your confidential business information with third parties except as required to fulfill your services or as required by law.
Limitation of Liability To the fullest extent permitted by applicable law, Lumify Creative Agency and its owners, employees, contractors, and agents shall not be liable for any lost profits, lost revenue, lost data, business interruption, reputational harm, or any indirect, incidental, special, punitive, or consequential damages arising out of or related to your use of our services, even if we have been advised of the possibility of such damages.
In all cases, Lumify's total cumulative liability to you for any claim arising out of or related to these Terms or our services shall not exceed the total amount you paid Lumify in the three months immediately preceding the event giving rise to the claim.
Indemnification You agree to defend, indemnify, and hold harmless Lumify Creative Agency and its owners, officers, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Your misuse of our services or deliverables. Your violation of these Terms or any applicable law. Your violation of any third-party platform policies. Content, claims, or materials you provided to Lumify. Any campaign, advertisement, or communication sent on your behalf.
No Professional or Legal Advice All marketing strategy, business guidance, and consulting provided by Lumify is educational and strategic in nature only. Nothing we provide constitutes legal, tax, financial, or compliance advice. You are solely responsible for consulting qualified legal, tax, and financial professionals before implementing any campaign strategy, making business representations, or acting on any recommendations we provide.
Termination Lumify reserves the right to suspend or terminate services immediately and without refund if:
Payment is not received by the due date after written notice. You request services that are illegal, unethical, or in violation of platform policies. You engage in abusive, threatening, or harassing communication toward Lumify staff or contractors. You violate any material provision of these Terms.
Either party may terminate ongoing agreements according to the notice and termination procedures outlined in the individual service contract governing that engagement. In the absence of a separate contract, either party may terminate with 30 days written notice.
Dispute Resolution In the event of a dispute, both parties agree to first attempt resolution through good faith written communication. If a resolution cannot be reached within 30 days, disputes shall be resolved through binding arbitration in Pima County, Arizona under the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action lawsuit against Lumify Creative Agency.
Governing Law These Terms are governed by the laws of the State of Arizona without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Pima County, Arizona.
Severability If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Entire Agreement These Terms, together with any signed proposals, invoices, or service agreements, constitute the entire agreement between you and Lumify Creative Agency with respect to the subject matter herein and supersede all prior communications, representations, or agreements.
Our Commitment
Lumify Creative Agency is committed to ensuring that our website and digital content are accessible to all users, including individuals with disabilities. We believe that everyone deserves equal access to information and a positive digital experience regardless of ability.
Standards We Follow We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as published by the World Wide Web Consortium (W3C). These guidelines explain how to make web content more accessible to people with disabilities including visual, auditory, cognitive, and motor impairments.
Our Ongoing Efforts We are actively working to improve accessibility across our website including but not limited to:
Providing text alternatives for non-text content. Ensuring sufficient color contrast across all pages. Making all functionality available via keyboard navigation. Ensuring our website is compatible with screen readers and assistive technologies. Writing clear and consistent navigation and page structure.
Known Limitations While we work diligently toward full accessibility compliance, some content on our site may not yet meet all WCAG 2.1 Level AA standards. We are actively working to identify and resolve these gaps.
Feedback and Contact If you experience any difficulty accessing content on our website or have suggestions on how we can improve accessibility, please contact us. We take all feedback seriously and will make reasonable efforts to address your concerns promptly.
Lumify Creative Agency
Phone: +1 520-467-7303
Third Party Content Some content on our website is provided by third party platforms and tools. While we make every effort to select accessible third party solutions, we cannot guarantee full accessibility compliance for content outside of our direct control.
Enforcement If you are not satisfied with our response to your accessibility concern, you may contact the U.S. Department of Justice Civil Rights Division or file a complaint under Section 508 of the Rehabilitation Act or the Americans with Disabilities Act (ADA).
Changes to These Terms Lumify may update these Terms at any time. Updates will be posted on our website with a revised effective date. Your continued use of our website or services after the updated Terms are posted constitutes your acceptance of the revised Terms.
Contact Information For questions regarding these Terms and Conditions, contact:
Lumify Creative Agency
Phone: +1 520-467-7303
