Terms of Use

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Andrew Kelly ("we," "us," or "our"), concerning your access to and use of the https://andrewkelly.studio website (the "Site"), as well as any related services (collectively, the "Services").

By accessing the Site, you agree that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to change these Terms of Use at any time. We will notify you of any changes by updating the "Last updated" date at the top of these Terms of Use. Your continued use of the Site after any changes constitutes your acceptance of the new Terms of Use.

You must have the legal authority to enter into binding contracts to use this Site. By using the Site, you represent that you have such authority.

1. OUR SERVICES

We provide marketing operations consulting, including CRM and automation setup, AI-ready content strategy, workflow optimization, and other related professional services.

The information provided on the Site is for general informational purposes. Specific services, scope, deliverables, timelines, and fees are established through individual Service Agreements or Statements of Work (SOWs) for each client engagement.

2. INTELLECTUAL PROPERTY RIGHTS

Our Content

Unless otherwise indicated, the Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Andrew Kelly and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may access and use the Site for your personal, non-commercial use only. You may not:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, or sell any information or content obtained from the Site
• Use the Site or its content for any commercial purpose without our express written permission
• Remove any copyright or other proprietary notices from content on the Site

Feedback and Submissions

If you provide us with any feedback, suggestions, or ideas about the Site or Services ("Feedback"), you grant us the right to use such Feedback for any purpose without compensation or attribution to you.

3. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make it available. Prohibited activities include, but are not limited to:

• Using the Site in any way that violates any applicable federal, state, local, or international law or regulation
• Engaging in any automated use of the system, such as using scripts, robots, spiders, or scrapers to access or extract data from the Site
• Attempting to impersonate another user or person, or using the username of another user
• Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site
• Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site
• Harassing, intimidating, or threatening any of our employees, agents, or other users
• Using any information obtained from the Site to harass, abuse, or harm another person
• Using the Site to advertise or offer to sell goods and services without our permission
• Making any unauthorized use of the Site, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email

4. PURCHASES AND PAYMENT

Payment terms, fees, and refund policies are established in each Service Agreement or Statement of Work. All fees are quoted in U.S. dollars unless otherwise specified.

We accept payment via bank transfer and Stripe. Specific payment schedules (deposits, milestones, retainer terms) are outlined in your individual Service Agreement.

5. USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. You have the legal capacity and agree to comply with these Terms of Use
2. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
3. You will not use the Site for any illegal or unauthorized purpose
4. Your use of the Site will not violate any applicable law or regulation

6. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

We do not endorse or assume responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website from the Site, you do so at your own risk.

7. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms of Use
2. Take appropriate legal action against anyone who violates these Terms of Use, including reporting violations to law enforcement authorities
3. Restrict or terminate access to the Site for users who violate these Terms
4. Implement technical measures, including IP blocking, to prevent unauthorized or automated access to the Site
5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site

8. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy at https://andrewkelly.studio/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

We are committed to compliance with applicable data protection laws, including the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR). For information about your privacy rights and how to exercise them, please see our Privacy Policy.

The Site is hosted in the United States. If you access the Site from outside the United States, you consent to the transfer of your data to the United States.

We use privacy-friendly analytics (Plausible) that does not collect personal data or use cookies. Contact forms are powered by third-party service providers to facilitate communication with prospective clients. We do not track individual visitors or use advertising cookies.

For complete details on data collection, use, and your privacy rights, please see our Privacy Policy.

9. EMAIL COMMUNICATIONS

By providing your email address through the Site, you consent to receive email communications from us, including newsletters, updates about our Services, and responses to your inquiries.

You may opt out of marketing emails at any time by clicking the "unsubscribe" link in any marketing email or by contacting us directly. We will continue to send you transactional or service-related emails necessary for your use of our Services.

10. TERM AND TERMINATION

These Terms of Use remain in full force and effect while you use the Site. We reserve the right, in our sole discretion, to deny access to the Site to any person, for any reason or no reason, including for breach of these Terms of Use.

If we terminate or suspend your access for any reason, you are prohibited from attempting to access the Site under your name, a fake or borrowed name, or the name of any third party.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time without notice. We are not obligated to update any information on the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems that result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site.

12. GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles.

13. DISPUTE RESOLUTION

Any dispute arising out of or relating to these Terms of Use or the Site shall be governed by the laws of the State of Illinois.

The parties agree to first attempt to resolve any dispute through good faith negotiation for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, either party may pursue resolution through:

1. Mutually agreed mediation, or
2. The state or federal courts located in Cook County, Illinois

By using the Site, you consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

14. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice.

15. DISCLAIMER

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

1. Errors, mistakes, or inaccuracies of content
2. Personal injury or property damage resulting from your access to or use of the Site
3. Unauthorized access to or use of our servers and/or any personal information stored therein
4. Interruption or cessation of transmission to or from the Site
5. Bugs, viruses, or other harmful code transmitted through the Site by any third party
6. Errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Site

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE.

16. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our employees and agents, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. Your use of the Site
2. Your breach of these Terms of Use
3. Your violation of the rights of a third party, including but not limited to intellectual property rights
4. Any information you provide through the Site's contact forms or other communications with us

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

18. USER DATA

When you submit information through the Site (such as through contact forms), we collect and maintain that data for the following purposes:

1. To respond to your inquiry or request
2. To provide the Services you have requested
3. To communicate with you about our Services
4. To maintain records of our business communications
5. To improve the Site and our Services

We will retain your information in accordance with our Privacy Policy and applicable data retention requirements. You are responsible for ensuring the accuracy and completeness of any information you provide to us.

Although we perform regular backups, you agree that we shall have no liability for any loss or corruption of data, and you hereby waive any right of action against us arising from any such loss or corruption.

19. ELECTRONIC COMMUNICATIONS AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES.

20. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

21. CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Andrew Kelly
Chicago, IL
Phone: +1 (847) 909-9578
Email: andrew@andrewkelly.studio
Privacy inquiries: privacy@andrewkelly.studio
Website: https://andrewkelly.studio