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⚖ Legal

Terms of
Service.

Last updated: June 2025

01

Acceptance of Terms

By accessing or engaging the services of MoreFun ("Company," "we," "us," or "our"), located in Phoenix, AZ, United States, you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and MoreFun.

If you do not agree with any part of these Terms, you may not access or use our services. Your continued use of our services, engagement of a proposal, or execution of a Statement of Work (SOW) constitutes full acceptance of these Terms. These Terms apply to all visitors, clients, and others who access or use MoreFun's services.

MoreFun reserves the right to amend these Terms at any time. We will notify existing clients of material changes via email. Your continued engagement after notice of changes constitutes acceptance of the updated Terms.

02

Services

MoreFun provides digital marketing and creative agency services, which may include but are not limited to: paid media management (Meta Ads, TikTok Ads, Google Ads), social media management, content creation, influencer marketing, brand strategy, email marketing, website development, SEO, and analytics reporting.

The specific scope of services rendered to each client is defined in an executed Statement of Work (SOW), Proposal, or Master Service Agreement (MSA). In the event of any conflict between these Terms and a separately executed agreement, the terms of the executed agreement shall control.

MoreFun reserves the right to modify, suspend, or discontinue any service with reasonable notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

  • Services begin upon receipt of the agreed-upon retainer or deposit.
  • Timelines are estimates and subject to client responsiveness and asset delivery.
  • Ad spend budgets are separate from agency management fees unless explicitly stated.
  • MoreFun does not guarantee specific results, rankings, or revenue outcomes.
03

Client Obligations

To enable MoreFun to deliver services effectively, you agree to fulfill the following obligations throughout the engagement:

  • Timely Access: Provide necessary access to ad accounts, social media platforms, CMS, analytics platforms, and any other relevant systems within 5 business days of project kickoff.
  • Asset Delivery: Supply required brand assets, creative materials, product images, copy approvals, and other inputs within agreed timelines. Delays in asset delivery may result in corresponding delays in deliverable timelines at no fault of MoreFun.
  • Accuracy of Information: Ensure that all information, content, and materials provided to MoreFun are accurate, lawful, and do not infringe upon third-party rights.
  • Designated Point of Contact: Maintain an authorized representative available to review work, provide feedback, and approve deliverables in a timely manner.
  • Compliance: Comply with all applicable laws, platform terms of service, and advertising policies relevant to your industry and advertising activities.
  • Payment: Honor all payment obligations as outlined in your SOW or invoice schedule.

Failure to meet these obligations may result in service delays, suspension, or termination at MoreFun's discretion, without waiving any fees owed.

04

Intellectual Property

Upon receipt of full payment for all fees owed, MoreFun assigns to the Client all rights, title, and interest in final deliverables specifically created for the Client under the applicable SOW, including original creative assets, copy, and design files. This assignment is effective only after all outstanding invoices are paid in full.

MoreFun retains all rights, title, and interest in and to: (a) pre-existing intellectual property, tools, frameworks, processes, and methodologies developed prior to or independently of the engagement; (b) work product not accepted or paid for by the Client; (c) general marketing knowledge, know-how, and techniques.

MoreFun reserves the right to display work created for Client in our portfolio, case studies, and marketing materials unless the Client submits a written request for confidentiality within 14 days of project completion. Client grants MoreFun a perpetual, non-exclusive, royalty-free license to use Client's name, logo, and approved campaign results for agency promotional purposes.

Third-party assets (stock images, fonts, licensed music, platform integrations) remain subject to their respective license terms. Client is responsible for ensuring proper licensing for any assets they provide to MoreFun.

05

Fees & Payment

All fees, retainers, project rates, and payment schedules are detailed in the applicable SOW, Proposal, or Invoice. By engaging MoreFun's services, you agree to the payment terms set forth therein.

  • Retainers: Monthly retainers are due on the 1st of each month or as specified. Retainers are non-refundable once the billing period has commenced.
  • Project Fees: A non-refundable deposit (typically 50%) is required before project work begins. The remaining balance is due upon project completion or as outlined in the SOW.
  • Late Payments: Invoices unpaid after 15 days from the due date are subject to a 1.5% monthly late fee on the outstanding balance.
  • Suspension: MoreFun reserves the right to pause or suspend services for accounts overdue by more than 30 days without liability.
  • Ad Spend: All advertising budget spend is billed directly to the client's ad accounts or invoiced separately. Management fees do not include ad spend unless explicitly stated.
  • Taxes: Client is responsible for all applicable taxes, duties, and charges imposed by government authorities on services rendered.
  • Disputes: Payment disputes must be submitted in writing within 10 business days of invoice receipt. Undisputed portions of any invoice remain due per the original terms.
06

Confidentiality

Each party acknowledges that during the course of this engagement, it may receive or have access to Confidential Information of the other party. "Confidential Information" means any non-public information, trade secrets, business plans, financial data, customer data, pricing, strategies, or proprietary processes disclosed by either party.

Each party agrees to: (a) maintain the confidentiality of the other party's Confidential Information using at least the same degree of care used to protect its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without prior written consent; (c) use Confidential Information solely for the purpose of fulfilling obligations under these Terms.

These obligations do not apply to information that: (i) is or becomes publicly available without breach; (ii) was rightfully known prior to disclosure; (iii) is independently developed without use of Confidential Information; or (iv) must be disclosed pursuant to applicable law or court order, provided the disclosing party gives prompt written notice where permissible.

Confidentiality obligations survive termination of the engagement for a period of three (3) years.

07

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOREFUN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE OUR SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) ANY THIRD-PARTY CONDUCT OR CONTENT; OR (D) ANY OTHER MATTER RELATING TO OUR SERVICES.

IN NO EVENT SHALL MOREFUN'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES EXCEED THE TOTAL FEES PAID BY YOU TO MOREFUN IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

MoreFun does not guarantee specific advertising results, return on ad spend (ROAS), follower growth, engagement rates, or revenue outcomes. Digital marketing performance depends on numerous factors outside MoreFun's direct control, including platform algorithm changes, market conditions, and client-side factors.

08

Indemnification

You agree to defend, indemnify, and hold harmless MoreFun and its officers, directors, employees, contractors, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of and access to MoreFun's services;
  • Your violation of any term of these Terms of Service;
  • Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right;
  • Any content or materials you provide to MoreFun that causes damage to any third party;
  • Any advertising claims, statements, or representations made in campaigns that you have approved;
  • Your violation of any applicable law, regulation, or platform advertising policy.

MoreFun reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with MoreFun in asserting any available defenses.

09

Termination

Either party may terminate an ongoing engagement by providing written notice as specified in the applicable SOW (typically 30 days). MoreFun reserves the right to terminate services immediately and without notice in cases of: (a) non-payment of fees; (b) material breach of these Terms; (c) conduct that is harmful, illegal, or damaging to MoreFun's reputation.

Upon termination:

  • All outstanding fees for work performed through the termination date become immediately due and payable.
  • MoreFun will provide the Client with all completed deliverables for which full payment has been received.
  • Each party shall promptly return or destroy the other party's Confidential Information upon written request.
  • Licenses granted herein to pre-existing IP shall immediately terminate upon any non-payment event.
  • Sections relating to payment, intellectual property, confidentiality, limitation of liability, indemnification, and governing law shall survive termination.

Early termination of a fixed-term contract does not relieve the Client of payment obligations for the full contract period unless otherwise negotiated in writing.

10

Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in Maricopa County, Arizona, and each party hereby consents to the personal jurisdiction and venue of such courts.

In the event of any dispute, the parties agree to first attempt resolution through good-faith negotiation for a period of 30 days before initiating formal legal proceedings. The prevailing party in any legal action shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.

11

Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

  • Company: MoreFun
  • Email: info@morefun4u.com
  • Website: morefun4u.com

We aim to respond to all legal inquiries within 5 business days.

Document Version
June 2025
Effective: June 1, 2025
MoreFun

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