Terms & Conditions

Last Updated: 5/15/2026

These Terms & Conditions, together with any signed proposal, statement of work, service agreement, invoice, order form, or related document, govern your use of the website, client portal, services, content, tools, and social media management services provided by Creative Sponge, a Texas-based company.

For purposes of these Terms, “Company,” “we,” “our,” or “us” means Creative Sponge. “Client,” “you,” or “your” means the business, organization, individual, or authorized representative purchasing or using our services.

By using our website, signing a proposal, paying an invoice, granting account access, approving content, or otherwise using our services, you agree to these Terms.

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1. Services

We provide social media, digital marketing, content management, account management, reporting, consulting, and related services. These services may include, but are not limited to:

• Social media strategy and consulting.

• Content planning, writing, design, editing, and scheduling.

• Management of Facebook, Instagram, Google Business Profile, LinkedIn, YouTube, TikTok, and other platforms.

• Review monitoring and response assistance.

• Community management, including comments, messages, and customer interactions, if included in your scope.

• Paid advertising setup, management, optimization, and reporting.

• Analytics, dashboards, reporting, and performance insights.

• Website, landing page, email, SMS, CRM, automation, and marketing technology support, if included in your scope.

• Other services described in a signed proposal, agreement, or statement of work.

The exact scope of services, deliverables, timeline, pricing, and responsibilities will be described in the applicable written agreement, proposal, invoice, or statement of work.

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2. Client Authorization

You represent and warrant that you have full authority to grant us access to any account, page, profile, business listing, advertising account, brand asset, customer list, email list, media file, software account, or other system you ask us to manage or use.

This includes authorization to access, manage, post to, modify, analyze, or otherwise use accounts on platforms such as Facebook, Instagram, Google Business Profile, LinkedIn, YouTube, TikTok, and related third-party services.

You are responsible for ensuring that all permissions granted to us are lawful, accurate, complete, and provided by an authorized person.

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3. Platform Access and Account Security

When possible, you should grant us access through official role-based access tools, partner portals, business manager accounts, OAuth authorization, or other approved platform methods.

You agree not to provide login credentials in an insecure manner. If credentials are required, you are responsible for maintaining appropriate account security, including two-factor authentication, password rotation, user permissions, and revoking access when services end.

We are not responsible for account lockouts, suspensions, restrictions, security challenges, password resets, two-factor authentication issues, platform outages, API limitations, hacked accounts, or other access issues caused by platform rules, client actions, third-party actions, or events outside our control.

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4. Client Responsibilities

You are responsible for:

• Providing accurate business information, brand guidelines, product/service details, pricing, offers, claims, disclaimers, and legal requirements.

• Reviewing and approving content, campaigns, landing pages, ads, graphics, captions, offers, and messaging when approval is required.

• Ensuring that any claims about your products, services, pricing, results, testimonials, reviews, guarantees, health benefits, financial benefits, legal benefits, or professional services are truthful, substantiated, and legally compliant.

• Providing timely feedback, access, approvals, and materials needed for us to perform the services.

• Complying with all laws, industry rules, platform terms, advertising policies, privacy obligations, and consumer protection requirements applicable to your business.

• Maintaining required licenses, permits, registrations, insurance, and professional credentials for your business.

• Paying all invoices, ad spend, platform fees, software costs, and third-party charges when due.

Delays caused by missing access, missing information, late approvals, incomplete feedback, or client inaction may delay deliverables and do not waive payment obligations.

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5. Content Approval

Unless otherwise stated in writing, content may be submitted to you for review and approval before publication. If you approve content, you are responsible for the final content and any legal, regulatory, brand, or business consequences of publishing it.

If your agreement allows us to publish without prior approval, you authorize us to create, schedule, and publish content based on your brand guidelines, prior approvals, business information, and campaign instructions.

If you fail to respond within the required review period, we may treat the content as approved, delay publication, or pause the related work, depending on the agreement and project needs.

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6. No Guarantee of Results

We do not guarantee specific outcomes, including followers, engagement, leads, sales, revenue, rankings, impressions, traffic, conversions, reviews, video views, watch time, ad performance, cost per click, cost per lead, account growth, or business results.

Digital marketing results depend on many factors outside our control, including market conditions, platform algorithms, competition, audience behavior, advertising budgets, account history, product quality, customer service, pricing, client responsiveness, and third-party platform decisions.

Any estimates, projections, forecasts, strategies, or performance discussions are for planning purposes only and are not guarantees.

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7. Paid Advertising

If paid advertising services are included, you are responsible for all ad spend, platform fees, taxes, payment method issues, rejected ads, policy reviews, account restrictions, chargebacks, and billing activity within your ad accounts unless otherwise stated in writing.

We may assist with ad setup, campaign strategy, budget recommendations, creative, targeting, optimization, and reporting, but platforms may approve, reject, limit, or suspend ads or accounts at their discretion.

You are responsible for ensuring that all offers, claims, promotions, products, services, testimonials, landing pages, pricing, and disclaimers used in ads are accurate and compliant.

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8. Reviews, Testimonials, and Reputation Management

We do not create fake reviews, buy reviews, post reviews on behalf of customers, suppress legitimate negative reviews, impersonate customers, or misrepresent customer experiences.

If we assist with review requests, review responses, testimonials, reputation management, or Google Business Profile activity, you are responsible for ensuring that all reviews, testimonials, endorsements, and customer statements are genuine, accurate, and compliant with applicable law and platform policies.

You must not ask us to engage in review gating, fake review generation, undisclosed incentive programs, impersonation, or misleading testimonial practices.

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9. Platform Terms and Third-Party Services

Your use of Facebook, Instagram, Google Business Profile, LinkedIn, YouTube, TikTok, and other platforms is governed by those platforms’ own terms, policies, community guidelines, developer policies, advertising policies, and privacy rules.

We are not responsible for any platform’s decisions, including account restrictions, post removals, shadow bans, verification issues, suspended accounts, rejected ads, disabled ad accounts, removed reviews, API limitations, algorithm changes, policy changes, pricing changes, or discontinued features.

You agree that we may rely on third-party tools, APIs, software, analytics platforms, scheduling tools, reporting systems, cloud services, payment processors, automation tools, AI tools, and subcontractors as reasonably necessary to provide the services.

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10. Artificial Intelligence and Automation

We may use artificial intelligence, automation, analytics tools, templates, or other technology to assist with research, drafting, editing, reporting, creative development, data analysis, workflow automation, and service delivery.

AI-assisted work may require human review. You are responsible for final review and approval of any content, claim, recommendation, or deliverable before use, unless your agreement authorizes us to publish without prior review.

We do not guarantee that AI-assisted content will be error-free, original, complete, compliant, or suitable for every intended use.

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11. Intellectual Property

Unless otherwise stated in writing:

• You retain ownership of your pre-existing business names, logos, trademarks, brand assets, photos, videos, customer lists, account data, and materials you provide to us.

• We retain ownership of our pre-existing templates, systems, workflows, strategies, processes, software, internal tools, training materials, know-how, and general business methods.

• Upon full payment, you receive a non-exclusive license to use final approved deliverables created specifically for you for your internal business and marketing purposes.

• Drafts, rejected concepts, unused ideas, internal notes, source files, working files, and preliminary materials remain our property unless specifically included in the scope.

You represent that all materials you provide to us are owned by you or properly licensed for the intended use.

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12. Third-Party Content, Music, Images, and Media Rights

You are responsible for ensuring that any photos, videos, logos, music, fonts, product images, customer images, testimonials, screenshots, names, likenesses, trademarks, or other materials you provide are legally authorized for use.

If we source third-party stock assets, music, templates, fonts, images, or media, the applicable license terms may limit how those assets can be used. You are responsible for complying with those license terms after delivery.

We are not responsible for copyright claims, trademark claims, right-of-publicity claims, takedown notices, or platform strikes caused by materials you provide or approve.

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13. Confidentiality

Each party may receive confidential information from the other. Confidential information includes non-public business information, strategies, pricing, customer information, marketing plans, financial data, account access, software access, trade secrets, and other sensitive information.

Each party agrees to use confidential information only for purposes of the services and to protect it using reasonable safeguards. Confidentiality obligations do not apply to information that is public, independently developed, rightfully received from another source, or required to be disclosed by law.

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14. Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy.

You agree that any customer lists, lead lists, email addresses, phone numbers, audience data, user-generated content, customer messages, reviews, or other personal information you provide to us was collected lawfully and may be used by us to provide the services.

If you provide personal information to us for advertising, email, SMS, CRM, lead generation, analytics, audience targeting, or automation purposes, you are responsible for providing legally required notices, obtaining legally required consents, honoring opt-outs, and complying with applicable privacy and marketing laws.

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15. Email, SMS, and Marketing Communications

If we assist with email, SMS, messaging, or other direct marketing, you are responsible for ensuring that recipients have been collected lawfully and that your campaigns comply with all applicable laws, including unsubscribe, opt-out, consent, identification, and disclosure requirements.

We may refuse to send or support any campaign that appears misleading, unlawful, deceptive, abusive, spammy, or likely to violate platform or carrier rules.

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16. Fees and Payment

Fees, payment schedules, retainers, deposits, recurring charges, ad management fees, hourly rates, project fees, software expenses, and reimbursable costs will be stated in the applicable proposal, invoice, agreement, or statement of work.

Unless otherwise stated in writing:

• Fees are due according to the invoice terms.

• Retainers are billed in advance.

• Third-party expenses, software, ad spend, and platform charges are separate from our service fees.

• Past-due invoices may result in paused work, delayed deliverables, suspension of services, late fees, collections activity, or termination.

• Payments are non-refundable except as expressly stated in writing.

17. Late Payments and Service Suspension

If payment is not received when due, we may pause work, withhold deliverables, suspend account management, stop publishing, delay reporting, remove access to client portals, or terminate services.

You remain responsible for amounts incurred before suspension or termination.

We are not responsible for missed posting schedules, campaign delays, performance issues, ad interruptions, or business impact caused by late payment or payment method failure.

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18. Term, Cancellation, and Termination

The term, cancellation requirements, and renewal structure will be stated in your agreement, proposal, or invoice.

Unless otherwise stated in writing, either party may terminate services by providing written notice. You remain responsible for all fees, expenses, ad spend, software charges, work performed, and committed costs incurred before termination.

Upon termination, you are responsible for removing our access from your accounts and transferring any assets or tools that belong to you. We may retain records as required for legal, accounting, tax, compliance, dispute resolution, and business purposes.

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19. Prohibited Uses

You may not use our services to:

• Violate any law, rule, regulation, platform policy, or third-party right.

• Promote illegal, deceptive, fraudulent, harmful, defamatory, discriminatory, or abusive content.

• Impersonate another person or business.

• Create fake engagement, fake reviews, fake followers, fake likes, fake testimonials, or fake social proof.

• Send spam, unlawful marketing messages, or unauthorized communications.

• Infringe copyrights, trademarks, publicity rights, privacy rights, or other intellectual property rights.

• Misrepresent products, services, pricing, offers, credentials, endorsements, or results.

• Upload malware, spyware, tracking tools, or harmful code.

• Interfere with platform security, account security, or third-party systems.

We may refuse, remove, pause, or terminate any work that we believe violates these Terms, applicable law, platform policies, or reasonable business standards.

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20. Disclaimers

Our services are provided “as is” and “as available.” We disclaim all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free service.

We do not guarantee that any platform, API, website, ad account, social media account, software, integration, or third-party service will remain available, compatible, approved, secure, or unchanged.

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21. Limitation of Liability

To the fullest extent permitted by law, our liability for any claim arising out of or related to the services, website, Terms, Privacy Policy, proposal, invoice, or agreement will not exceed the amount you paid to us for the specific services giving rise to the claim during the three months before the event giving rise to liability.

We will not be liable for indirect, incidental, consequential, special, exemplary, punitive, or lost-profit damages, including lost revenue, lost business, lost data, lost goodwill, reputational harm, platform suspension, account restriction, ad rejection, or business interruption.

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22. Indemnification

You agree to defend, indemnify, and hold harmless Creative Sponge, its owners, employees, contractors, representatives, affiliates, vendors, and agents from and against any claims, damages, losses, liabilities, penalties, costs, and expenses, including reasonable attorney’s fees, arising out of or related to:

• Your business, products, services, claims, offers, or representations.

• Materials, content, data, or instructions you provide.

• Content or campaigns you approve.

• Your violation of law, platform terms, or third-party rights.

• Your failure to obtain required consents or permissions.

• Your misuse of our services.

• Customer, user, regulator, platform, or third-party claims related to your business.

23. Force Majeure

We are not responsible for delays or failures caused by events outside our reasonable control, including platform outages, API changes, cyberattacks, internet failures, payment processor issues, labor disruptions, natural disasters, power failures, government actions, emergencies, war, terrorism, pandemics, or third-party service interruptions.

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24. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.

Any dispute arising out of or related to these Terms, our services, or our relationship will be brought in the state or federal courts located in Upshur County, Texas, unless otherwise required by law or agreed in writing.

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25. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on our website with a new “Last Updated” date. Continued use of our website or services after updates means you accept the revised Terms.

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26. Contact

Questions about these Terms may be sent to:

Creative Sponge


561 US Hwy 271 N, Suite C, Gilmer, TX 75644

natalie@creativesponge.agency


(903) 576-3660