Terms of Service

01Who these terms cover

These Terms of Service ("Terms") form a binding agreement between Sanika Elevation Agency ("SEA," "we," "us," "our"), a marketing studio operating from New Jersey, USA, and the business or individual ("you," "your," "Client") that engages SEA for services, fills out an inquiry form on our site, claims the free landing page offer, or otherwise interacts with our products.

By submitting an inquiry form, signing an engagement letter, or paying an invoice, you agree to be bound by these Terms and our Privacy Policy. If you don't agree, don't engage us, that's clean for both sides.

SEA serves businesses only (B2B). We do not engage consumers, coaches, info products, "creator" agencies, or any business whose customers are not local.

02Our services

SEA provides marketing services to local service businesses, med spas, restaurants, professional and law firms, fitness, dental and medical, salons, home services, auto, and similar. Specifically:

• Organic content production, script frames, hook library, posting cadence, recording playbook, founder led video direction.
• Paid acquisition, Meta & Google ad account builds, creative production, daily rotation, retargeting.
• Conversion landing pages, custom built pages your paid traffic points to.
• Speed to lead infrastructure, AI voice agents, follow up sequences, reporting dashboards.
• The Money Leak Audit, a free teardown of your last 30 days of organic content and paid ad accounts.
• The Free Landing Page, a free seven day custom landing page build, delivered as a lead magnet, with no purchase required.

The exact scope, deliverables, timeline, and price for any paid engagement are spelled out in a separate engagement letter ("Engagement Letter") signed by both parties. If the Engagement Letter conflicts with these Terms, the Engagement Letter controls.

03Engagement structure

Free offerings

The Money Leak Audit and the Free Landing Page are offered at no cost, subject to availability. They are lead magnets, not engagements. We do not commit to ongoing work as part of either, and accepting them does not entitle you to a retainer slot.

Paid engagements

Paid engagements with SEA start at $5,000 USD per month and are structured as one of the following:

• 30 Day Sprint, a fixed fee, fixed scope, one month engagement (currently $6,000 USD). Performance backed: if we miss the goal set in the Engagement Letter, the deposit is refundable per Section 4.
• Monthly retainer, ongoing engagements at $11,000 USD/month or $15,000 USD/month, billed monthly in advance, with a minimum initial term of three (3) months.

Exclusivity per zip code

While an active retainer is in force, SEA will not provide organic content or paid acquisition services to a competing business in your category inside the territory specified in your Engagement Letter (typically a zip code, or for the highest tier, a county). The Money Leak Audit is excluded from this exclusivity, that's an audit, not an engagement.

Inquiry & acceptance

Submitting an inquiry form on our site does not create an engagement. We accept a limited number of new engagements each quarter and may decline any inquiry at our discretion, including for fit, territory conflict, scope mismatch, or capacity.

04Payment & refunds

Invoicing

Sprint engagements are invoiced upfront in full upon signing the Engagement Letter. Monthly retainers are invoiced monthly in advance and due net 7 days from invoice date. We accept ACH, wire, and major card networks via our payment processor.

Late payment

Invoices unpaid more than 14 days past their due date may, at SEA's discretion, result in (a) a 1.5% per month service charge, (b) pause of all work on your account until paid current, and (c) termination of the engagement per Section 12 if unpaid 30+ days.

Sprint refundable deposit

For a 30 Day Sprint, if SEA fails to deliver the success metric defined in the Engagement Letter (typically your first booked appointment through the installed engine) within the 30 day window, SEA will, at your election: (a) refund 100% of the fee paid, or (b) continue working at no additional cost until the metric is hit. The Engagement Letter defines the precise metric, measurement method, and any client side prerequisites (e.g. responsiveness to calls, willingness to film) without which the guarantee does not apply.

Retainer cancellation

After the initial three month minimum term, monthly retainers may be cancelled by either party with thirty (30) days' written notice. SEA will deliver work in flight through the notice period. No refunds are issued for partial months unless required by law.

Taxes

Fees are exclusive of taxes. You are responsible for any sales, use, VAT, or similar taxes that apply to your jurisdiction.

05Your responsibilities

For us to do the work well, you agree to:

• Respond promptly. Reply to creative reviews, brief requests, and approvals within two (2) business days. Slow responses slow the work.
• Show up on camera. For engagements that include founder led content, the founder or designated principal will appear on camera as outlined in the Engagement Letter.
• Give us access. Provide reasonable access to your existing ad accounts, social profiles, analytics, CRM, domain, and any other assets we need to do the work. We never ask for personal financial credentials.
• Be truthful. Don't ask us to make claims about your work that aren't accurate. We won't.
• Comply with the law and platform rules. Your business and your products must comply with applicable law and the rules of any platforms we run on (Meta, Google, TikTok, etc.).
• Speed to lead. If your engagement includes lead handling infrastructure, you commit to actually responding to or being available for inbound leads during business hours.

If you do not meet these responsibilities, SEA may pause work, decline to honor any performance guarantee, or terminate the engagement per Section 12.

06Intellectual property

Your IP

You own your brand, your trademarks, your existing content, your domain, your customer data, and the underlying business. Nothing in these Terms transfers ownership of any of that to SEA.

Work product

Final deliverables we create specifically for you under a paid engagement, your custom landing page(s), your bespoke ad creative, the scripts and shot lists written for your brand, and your conversion copy, are licensed to you on a perpetual, non exclusive, royalty free basis for use in your business, once invoices for that work have been paid in full.

SEA's IP

SEA retains all right, title, and interest in our methods, processes, frameworks, the Hook Library, the Script Mastery Playbook, the Algorithm Decode Sheet, the 90 Day Posting Calendar template, the recording playbook, any analytics dashboards or templates we use across clients, any code or design systems we build for re use, and anything we created before our engagement with you. You receive a non transferable license to use these in operating your business during and after the engagement, but you may not resell, sublicense, or build a competing service from them.

Portfolio rights

Unless you ask us in writing not to, SEA may show non confidential examples of work we produced for you (final landing pages, public ad creative, public posts) in our portfolio, case studies, or marketing, including on this website. We will not disclose non public revenue figures without your written consent.

07Confidentiality

Each party agrees to treat the other's non public information, including financial data, customer lists, internal documents, pricing, and account credentials, as confidential, and to use it only to perform the engagement. Confidentiality obligations survive termination for three (3) years, except for trade secrets, which survive indefinitely.

Either party may disclose confidential information if legally required to (subpoena, court order, regulatory request), provided the other party is notified in advance where lawfully possible.

08Performance & results

The only performance commitment we make is the one written into your specific Engagement Letter, typically the Sprint refundable deposit guarantee in Section 4. Everything else is best effort professional service, billed for the work, not the outcome.

Any forward looking statement on our website, in our pitch, in social content, or in conversation (e.g. "you could 3× your booked appointments") is illustrative, not a promise. The Engagement Letter is the only document that creates a performance obligation.

09Third party platforms

To do our job we operate on third party platforms, including Meta, Google, TikTok, YouTube, Instagram, Vercel, Web3Forms, and various CRM and analytics tools. Those platforms have their own terms of service, content policies, and outage risk.

• SEA is not responsible for changes to any third party platform's algorithm, policy, fees, ad approval, account suspension, or feature availability.
• If a platform suspends your account or rejects creative for reasons outside our control, we'll work in good faith to resolve it but make no guarantee of timing or outcome.
• Any data those platforms collect from your site or your ads is governed by their privacy policies, not ours.

10Limitation of liability

To the maximum extent permitted by law:

• SEA's total aggregate liability under any engagement is capped at the total amount you paid SEA in the three (3) months preceding the event giving rise to the claim.
• Neither party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, or loss of goodwill, even if advised of the possibility.
• The free Money Leak Audit and the Free Landing Page are provided "AS IS" with no warranty of any kind, express or implied.

Some jurisdictions don't allow these limitations. In those jurisdictions, the limitations apply to the maximum extent law allows.

11Indemnification

You agree to defend, indemnify, and hold harmless SEA, its founder, and any contractors from any claim, damage, loss, or expense (including reasonable attorneys' fees) arising out of: (a) your business operations, products, services, or warranties; (b) any content, trademarks, or claims you ask us to publish on your behalf; (c) your violation of applicable law; or (d) your violation of any third party platform's terms.

SEA will defend, indemnify, and hold you harmless from any claim that the original creative we produced for you (and that we did not adapt from material you provided) infringes a third party's intellectual property rights, subject to the liability cap in Section 10.

12Termination

Either party may terminate an engagement:

• For convenience, by giving thirty (30) days' written notice, after any minimum term has expired.
• For cause, immediately upon written notice if the other party (a) materially breaches these Terms or the Engagement Letter and fails to cure within ten (10) days of notice, (b) becomes insolvent, files for bankruptcy, or ceases business operations, or (c) engages in conduct SEA reasonably believes is fraudulent, illegal, or seriously harmful to its reputation.

Upon termination: you pay for work completed through the termination date; SEA returns or destroys your confidential information at your request; license grants survive subject to Section 6.

13Governing law & disputes

These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict of laws rules.

For any dispute, both parties first agree to attempt good faith resolution by direct conversation between authorized representatives for thirty (30) days. If that fails, the dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Bergen County, New Jersey, with one arbitrator. Either party may seek injunctive relief in a court of competent jurisdiction for IP or confidentiality matters without first arbitrating.

Class action waiver. Disputes will be resolved individually. Neither party may bring a claim as a class action, representative action, or collective proceeding.

14Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the current version. For existing engagements, the Terms in effect on the date the Engagement Letter was signed continue to govern, unless both parties agree in writing to apply the new version.

Material changes (anything affecting your rights or obligations) will be communicated by email to the contact on your Engagement Letter, or by a notice on our website, at least thirty (30) days before they take effect.

15How to reach us

The fastest way is email. Replies arrive within one business day.