Terms of Service
Adsplash (operated by Elevenfold LLC, Entity ID 2025-001759090)
Last updated: June 1, 2026
1. Introduction
These Terms of Service ("Terms") govern the relationship between Elevenfold LLC, doing business as Adsplash ("Adsplash," "we," "us," or "our"), and any client, customer, or party ("you," "your," or "Client") that engages our services. By engaging Adsplash, accessing our website, or accepting a proposal, statement of work, or invoice from us, you agree to be bound by these Terms.
2. Services
Adsplash is a performance creative agency providing advertising and creative services, which may include but are not limited to ad creative production, scriptwriting, video editing, static design, creative strategy, and related deliverables ("Services"). The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate proposal, statement of work, or written agreement ("SOW"). In the event of a conflict between an SOW and these Terms, the SOW controls.
3. Fees and Payment
You agree to pay all fees specified in the applicable SOW or invoice. Unless otherwise stated, invoices are due within fourteen (14) days of the invoice date. Late payments may incur interest and may result in suspension of Services. All fees are non-refundable once work has commenced, except as expressly agreed in writing. Fees are exclusive of any applicable taxes, which are your responsibility unless required to be collected by us.
4. Client Responsibilities
You agree to provide, in a timely manner, all materials, information, approvals, brand assets, and access reasonably required for us to perform the Services. Delays caused by you may affect timelines and may result in additional fees. You represent that you own or have the right to use all materials you provide to us, and that our use of those materials will not infringe any third party's rights.
5. Revisions and Approvals
The number of revision rounds included in an engagement will be specified in the applicable SOW. Additional revisions beyond the agreed scope may be billed separately. You are responsible for reviewing and approving deliverables; once approved or used publicly, deliverables are deemed accepted.
6. Intellectual Property
Upon full payment of all applicable fees, ownership of the final deliverables created specifically for you under an engagement transfers to you, except for any third-party materials, stock assets, licensed tools, or pre-existing Adsplash materials, which remain subject to their own licenses or our ownership. Adsplash retains the right to display completed work in its portfolio and marketing materials unless otherwise agreed in writing.
7. Confidentiality
Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Services, and to use such information only for the purpose of performing or receiving the Services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
8. Warranties and Disclaimers
We provide the Services with reasonable skill and care. Except as expressly stated in these Terms, the Services and all deliverables are provided "as is" without warranties of any kind, whether express or implied, including any warranty of merchantability, fitness for a particular purpose, or that any advertising creative will achieve any specific result, performance, or return.
9. Limitation of Liability
To the maximum extent permitted by law, Adsplash and Elevenfold LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or related to the Services. Our total aggregate liability for any claim arising under these Terms shall not exceed the total fees paid by you to us for the specific engagement giving rise to the claim.
10. Term and Termination
Either party may terminate an engagement with written notice as specified in the applicable SOW, or with thirty (30) days' written notice if no period is specified. Upon termination, you agree to pay for all Services performed and costs incurred up to the effective date of termination. Sections relating to payment, intellectual property, confidentiality, disclaimers, and limitation of liability survive termination.
11. Independent Contractor
Adsplash performs the Services as an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
12. Indemnification
You agree to indemnify and hold harmless Adsplash and Elevenfold LLC from any claims, damages, or expenses arising out of materials you provide to us, your use of the deliverables, or your breach of these Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [STATE OF FORMATION], without regard to its conflict of law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in that state.
14. Changes to These Terms
We may update these Terms from time to time. The updated version will be effective as of the date posted or otherwise communicated to you. Continued engagement of our Services after changes constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms may be directed to:
Elevenfold LLC (DBA adsplash) Entity ID: 2025-001759090
partnerships@adsplash.co