Terms of Service
Last updated: July 2026
1. Agreement to Terms
These Terms of Service (the "Terms") govern your access to and use of the websites, communications, and services provided by Altavista Labs Corporation, a Delaware corporation ("Altavista Labs," "we," "us," or "our"). By accessing our website, contacting us about our services, or engaging us to perform work, you ("you" or "Client") agree to be bound by these Terms. If you do not agree to these Terms, do not use our website or services.
If you enter into a separate written agreement, statement of work, insertion order, or proposal with Altavista Labs, that document governs the specific engagement it describes. These Terms apply in addition to it, and where the two conflict, the signed document controls for that engagement.
If you are agreeing to these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization, and "you" refers to that organization.
2. Services
Altavista Labs is an advertising agency. We provide advertising and marketing services, which may include strategy and planning, creative development, copywriting and design, media planning and buying, campaign setup and management, landing page and creative production, analytics and reporting, and related consulting.
The specific services, deliverables, scope, and schedule for any engagement are defined in the applicable statement of work or proposal. Anything not expressly described there is out of scope. We may use subcontractors, freelancers, and vendors to perform portions of the services, and we remain responsible for work performed on our behalf.
Advertising outcomes depend on factors outside our control, including market conditions, competitor activity, platform algorithms and policies, your pricing and product, and your own sales and fulfillment processes. Any forecast, projection, benchmark, or example result we share is an estimate offered in good faith and is not a guarantee of performance.
3. Client Responsibilities
You agree to:
- provide the information, assets, brand materials, product details, and account access we reasonably need to perform the services;
- review and approve creative, copy, targeting, and budgets before they go live, and respond to requests for approval or feedback in a timely manner;
- ensure that any materials, claims, offers, testimonials, endorsements, trademarks, or other content you supply or approve are accurate, not misleading, and lawful, and that you hold the rights needed for us to use them in the services;
- comply with all laws, regulations, and industry rules that apply to your business, your products, and your advertising, including advertising, consumer protection, privacy, and marketing communications requirements;
- maintain your own accounts with advertising, hosting, analytics, and payment platforms in good standing, and comply with those platforms' terms and policies.
Delays in providing materials, approvals, access, or funding may delay delivery and may affect campaign performance. You are responsible for the content and claims you approve, even where we drafted or produced them.
4. Fees and Payment
Fees, billing frequency, and payment terms are set out in the applicable statement of work, proposal, or invoice. Unless otherwise agreed in writing, fees are stated in U.S. dollars, are exclusive of taxes, and are non-refundable once the corresponding work has been performed.
Media spend is separate from our fees. Unless we expressly agree otherwise in writing, you are responsible for funding your own media budgets directly with the relevant advertising platforms, and you are responsible for amounts those platforms charge. Where we agree to place media using our own accounts or payment methods, you are responsible for reimbursing that spend on the terms stated in the applicable document.
Invoices are due on the terms stated on the invoice. Undisputed amounts that remain unpaid past their due date may accrue interest at the maximum rate permitted by applicable law, and we may suspend services, pause campaigns, or withhold deliverables until the account is brought current. You are responsible for taxes arising from the services, other than taxes based on our net income.
5. Intellectual Property
You retain ownership of all materials you provide to us, including your trademarks, logos, product information, content, and data ("Client Materials"). You grant us a non-exclusive license to use, copy, modify, and display Client Materials solely to perform the services and, unless you tell us otherwise in writing, to identify you as a client and show work we produced for you in our portfolio and marketing materials.
Subject to full payment of the fees due for the applicable engagement, we assign to you the final deliverables we create specifically for you under that engagement, excluding any Agency Materials described below and any third-party materials.
We retain all rights in our pre-existing and independently developed materials, including our methods, frameworks, templates, tools, software, know-how, processes, research, and internal work product ("Agency Materials"), as well as in concepts, drafts, and proposals we do not deliver as final work. Where Agency Materials are embedded in a deliverable, we grant you a non-exclusive, perpetual license to use them as part of that deliverable.
Third-party assets such as stock imagery, fonts, music, and software are licensed on the licensor's terms, and your rights in them are limited to those terms. We remain free to use general skills, knowledge, and experience gained while performing the services.
6. Third-Party Platforms and Media
Advertising campaigns run on third-party platforms and media properties that we do not own or control. Those platforms set their own terms, advertising policies, review processes, pricing, targeting options, measurement methods, and enforcement decisions, and they may change them at any time without notice to us or to you.
We are not responsible for the acts or omissions of third-party platforms, including ad disapprovals, account suspensions or bans, policy changes, algorithm or auction changes, outages, billing or delivery errors, discrepancies between platform reporting and other analytics sources, or changes in the cost or availability of inventory. Your use of any third-party platform is governed by your agreement with that platform.
Where you grant us access to your accounts on those platforms, you authorize us to act within the scope of the engagement, and you remain responsible for the account, its billing, and the permissions you grant. We handle account credentials and access with reasonable care, but no method of transmission or storage is completely secure.
7. Confidentiality
Each party may receive non-public information from the other that is marked as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure ("Confidential Information"). Each party agrees to use the other's Confidential Information only to perform or receive the services and to protect it using at least the same care it uses for its own confidential information, and no less than reasonable care.
Confidential Information does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party without a duty of confidentiality, is independently developed without use of the disclosing party's Confidential Information, or is rightfully received from a third party without restriction.
A party may disclose Confidential Information where required by law, regulation, or legal process, provided that, where legally permitted, it gives the other party reasonable advance notice so that party may seek protective treatment. Each party may share Confidential Information with its employees, contractors, and advisors who need it and who are bound by confidentiality obligations at least as protective as these.
Our handling of personal information is described in our Privacy Policy. Each party is responsible for complying with the privacy and data protection laws that apply to it.
8. Disclaimers
Our website and services are provided "as is" and "as available." To the fullest extent permitted by law, Altavista Labs disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not warrant that the services or our website will be uninterrupted, error-free, or secure, that any defect will be corrected, or that any particular result, ranking, placement, approval, impression, click, lead, conversion, revenue, or return on ad spend will be achieved. Any information on our website is provided for general informational purposes and is not legal, tax, financial, or professional advice.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
9. Limitation of Liability
To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost business, lost goodwill, or loss of data, arising out of or relating to these Terms or the services, whether based in contract, tort, strict liability, or any other theory, and even if the party has been advised of the possibility of such damages.
To the fullest extent permitted by law, each party's total aggregate liability arising out of or relating to these Terms and the services is limited to the amount of fees you paid to Altavista Labs for the services giving rise to the claim during the period preceding the event giving rise to liability, as specified in the applicable statement of work or, if none is specified, the fees paid for the engagement at issue. Media spend and amounts payable to third-party platforms are excluded from this cap and are not treated as fees paid to us.
These limitations do not apply to a party's indemnification obligations, to breaches of confidentiality, to your payment obligations, or to liability that cannot be limited or excluded under applicable law. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
10. Indemnification
You agree to defend, indemnify, and hold harmless Altavista Labs and its officers, directors, employees, contractors, and agents from and against any third-party claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Client Materials, including any claim that they infringe or misappropriate a third party's intellectual property or other rights; (b) your products, services, offers, or business operations; (c) advertising content, claims, or targeting that you supplied or approved; (d) your breach of these Terms or of any applicable law, regulation, or platform policy; or (e) your use of the services.
We agree to defend, indemnify, and hold you harmless from third-party claims alleging that deliverables we created for you, excluding Client Materials, third-party assets, and anything modified or used outside the scope we agreed to, infringe a third party's intellectual property rights.
The party seeking indemnification must promptly notify the other party of the claim, give the indemnifying party control of the defense and settlement, and provide reasonable cooperation. The indemnifying party may not settle a claim in a way that imposes liability or an admission of fault on the other party without that party's consent, which will not be unreasonably withheld.
11. Term and Termination
These Terms apply while you use our website or services and, for any engagement, for the term stated in the applicable statement of work or proposal. Where no term is stated, the engagement continues until completed or terminated as described below.
Either party may terminate an engagement for convenience on written notice, subject to any notice period stated in the applicable statement of work. Either party may terminate immediately on written notice if the other party materially breaches these Terms and does not cure the breach within a reasonable period after receiving notice of it, or if the other party becomes insolvent or subject to bankruptcy or similar proceedings.
On termination, you must pay for all services performed and all costs and non-cancelable commitments we incurred on your behalf up to the effective date of termination. We will, at your request and expense, provide reasonable assistance in transitioning campaigns and returning or transferring account access and Client Materials in our possession. We may pause or stop campaigns on termination, and you remain responsible for media spend incurred through your own accounts. Sections that by their nature should survive termination will survive, including those covering intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law.
12. Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, our business, or applicable law. When we do, we will revise the "Last updated" line above and post the updated Terms on this page. Material changes will take effect on the date they are posted, and your continued use of our website or services after that date constitutes acceptance of the updated Terms. Changes do not retroactively alter a signed agreement or statement of work already in effect.
13. Governing Law
These Terms and any dispute arising out of or relating to them or to the services are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. You and Altavista Labs agree that the state and federal courts located in Delaware have exclusive jurisdiction and venue over any such dispute, and each party consents to personal jurisdiction in those courts and waives any objection based on inconvenient forum.
If any provision of these Terms is held unenforceable, that provision will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force. Our failure to enforce a provision is not a waiver of our right to do so later. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties beyond the agency services described here.
14. Contact Us
Questions about these Terms, and all legal notices, should be directed to ALTAVISTA LABS CORPORATION at:
ALTAVISTA LABS CORPORATION
1032 East Brandon Boulevard
Brandon, FL 33511
United States
Email: contact@altavistalabs.com
Phone: (910) 338-9540