Terms & Conditions
Introduction
These Terms and Conditions (“Terms”) govern your use of the Monolith UX website and any services, products, or content provided by Monolith UX (“Monolith UX,” “we,” “us,” or “our”). By accessing or using our website or services, you agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our website or services.
Services and Use of Site
Monolith UX provides digital advertising and related marketing services, including strategy, media buying, campaign management, analytics, and creative services (collectively, the “Services”). The website is provided for information, communication, and onboarding purposes.
You agree to use the website and Services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.
Client Accounts and Responsibilities
To access certain Services, you may be required to create an account or enter into a separate written agreement or insertion order (“Service Agreement”). In the event of any conflict between these Terms and a signed Service Agreement, the Service Agreement will control for the Services it covers.
You are responsible for:
Providing accurate and up‑to‑date information.
Maintaining the confidentiality of any login credentials.
All activities that occur under your account.
You represent and warrant that you have the authority to bind your organization to these Terms.
Advertising Content and Compliance
If you provide advertising content, creative assets, data, or other materials (“Client Materials”), you represent and warrant that:
You own or have all necessary rights, licenses, and permissions to use and authorize us to use the Client Materials.
The Client Materials do not infringe or violate any intellectual property, privacy, publicity, or other rights of any third party.
The Client Materials comply with all applicable laws, regulations, and industry guidelines, including those relating to advertising, consumer protection, and data protection.
You remain solely responsible for the claims and representations made in your advertising. Monolith UX may, but is not obligated to, review or reject any Client Materials that it deems inappropriate, unlawful, or inconsistent with its policies.
Fees, Billing, and Payment
Fees for our Services, including retainers, project fees, and media spend management, will be specified in an applicable proposal, order form, or Service Agreement. You agree to pay all fees, charges, and reimbursable expenses in accordance with the agreed‑upon billing terms.
Unless otherwise stated:
Invoices are due within the time frame specified in your Service Agreement (for example, 14 or 30 days from invoice date).
Late payments may incur interest or late fees as permitted by applicable law.
Media, ad platform, and third‑party costs may be billed separately from agency fees.
We may suspend or terminate Services for non‑payment.
Intellectual Property
All content and materials on the Monolith UX website, including text, graphics, logos, icons, images, software, and layout, are owned by or licensed to Monolith UX and are protected by intellectual property laws. Except as expressly permitted, you may not copy, reproduce, distribute, modify, or create derivative works from such content.
Unless otherwise agreed in writing:
Pre‑existing materials owned by Monolith UX (such as methodologies, templates, and tools) remain our property.
Pre‑existing materials owned by you remain your property.
Rights to newly created deliverables (such as ad creatives, reports, and strategy documents) will be allocated as set out in the applicable Service Agreement, which may grant you a license or transfer ownership upon full payment.
Data, Analytics, and Privacy
During the engagement, Monolith UX may collect and process data related to campaigns and website usage, including performance metrics, audience insights, and technical data. Use of personal information is governed by our Privacy Policy, which forms part of these Terms.
You are responsible for ensuring that any personal data you provide to Monolith UX has been collected and shared in compliance with applicable data protection laws and that you have obtained all required notices and consents, if applicable.
Third‑Party Platforms and Tools
Our Services may involve the use of third‑party advertising platforms, analytics tools, and other services (such as search engines, social media platforms, and ad networks). Each third‑party service is governed by its own terms and policies, which you may be required to accept.
Monolith UX is not responsible for the availability, performance, or conduct of any third‑party platforms or services.
Disclaimers
Except as explicitly set out in a Service Agreement, the website and Services are provided on an “as‑is” and “as‑available” basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non‑infringement.
Monolith UX does not guarantee any particular results, revenue, traffic, or performance from advertising campaigns or Services.
Limitation of Liability
To the maximum extent permitted by law, Monolith UX and its officers, directors, employees, and contractors will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, or loss of data, arising out of or in connection with the website or Services, even if advised of the possibility of such damages.
To the extent permitted by law, Monolith UX’s total aggregate liability for any claims arising out of or related to these Terms, the website, or the Services will be limited to the total amount paid by you to Monolith UX for the Services giving rise to the claim during the twelve (12) months preceding the event giving rise to such liability, unless a different cap is agreed in a Service Agreement.
Indemnification
You agree to indemnify, defend, and hold harmless Monolith UX and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use of the website or Services.
Your breach of these Terms or any Service Agreement.
Your Client Materials or advertising content.
Your violation of any law or third‑party rights.
Term, Suspension, and Termination
These Terms apply while you access or use the website and, where applicable, in connection with any ongoing Service Agreement. Monolith UX may suspend or terminate your access to the website or certain Services at any time if you breach these Terms, if required by law, or for security reasons.
The termination provisions, notice periods, and consequences of termination for specific Services will be defined in the relevant Service Agreement or order.
Changes to Terms
Monolith UX may update or modify these Terms from time to time. Any changes will be posted on this page with an updated “Last updated” date. Continued use of the website or Services after changes take effect constitutes acceptance of the revised Terms.
If changes materially affect existing Service Agreements, Monolith UX will follow the notice process set out in those agreements.
Governing Law and Dispute Resolution
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by and construed in accordance with the laws of Michigan, USA, without regard to conflict of law principles.
Any disputes shall be resolved in the courts located in Ypsilanti, Michigan, and you consent to the exclusive jurisdiction and venue of such courts, unless otherwise agreed in a Service Agreement or required by applicable law.
General Provisions
If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Failure to enforce any right or provision will not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or any rights or obligations hereunder without Monolith UX’s prior written consent. Monolith UX may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Contact Information
If you have any questions about these Terms, please contact:
Monolith UX
4912 Lakeridge St. Apy 1A
Ypsilanti, MI, 48197, USA
Email: support@monolith-ux.com
Phone: (734) 395-0530