TERMS & CONDITIONS

Buzzworthy Media LLC

Effective Date: February 19, 2026

Last Updated: February 19, 2026

1. ACCEPTANCE OF TERMS

These Terms & Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Buzzworthy Media LLC (“Buzzworthy Media,” “we,” “us,” or “our”), a Florida limited liability company, governing your use of our services and website located at https://youarebuzzworthy.com (the “Site”).

By engaging our services, signing a service agreement, accessing our Site, or otherwise doing business with Buzzworthy Media, you acknowledge that you have read, understood, and agree to bebound by these Terms. If you do not agree to these Terms, you must not use our services or access our Site.

By using our Services, you represent and warrant that you are at least eighteen (18) years of age. Our Services are intended for business use and are not directed to individuals under the age of 18.

These Terms apply to all services provided by Buzzworthy Media, including but not limited to fractionalCMO services, outsourced marketing director services, marketing strategy and oversight, digitalmarketing consulting, social media management, email marketing, print marketing, vendor coordination,and visibility audits.

2. DESCRIPTION OF SERVICES

Buzzworthy Media provides professional marketing consultancy and fractional marketing managementservices to small and mid-sized businesses. Our services include, but are not limited to:

  • Fractional CMO / Outsourced Marketing Director Services: Strategic marketing leadership and oversight on a part-time or contract basis
  • Marketing Strategy and Oversight: Development and implementation of customized marketing plans
  • Digital Marketing Consulting: Expert guidance on digital marketing channels and tactics
  • Social Media Management: Content creation, posting, community management, and social media strategy
  • Email Marketing: Campaign development, execution, and management
  • Print Marketing: Design, coordination, and execution of print campaigns including postcards and other materials
  • Vendor Coordination and Oversight: Management and accountability of third-party marketing vendors
  • Visibility Audits and Diagnostic Reports: Comprehensive analysis of marketing presence and opportunities

Services are provided based on the specific scope outlined in individual service agreements, statements of work, proposals, or retainer agreements executed between Buzzworthy Media and the Client.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time withreasonable notice to active Clients.

3. NO GUARANTEE OF RESULTS

IMPORTANT: Marketing services are inherently dependent on numerous factors, many of which are beyond Buzzworthy Media’s control. While we utilize industry best practices and apply our professional expertise to achieve optimal results for our Clients, we do not guarantee, warrant, or promise any specific outcomes, results, revenue increases, lead generation numbers, sales figures, return on investment (ROI), or other business metrics.

Success in marketing depends on factors including but not limited to:

  • Market conditions and competition
  • Quality of Client’s products or services
  • Client’s responsiveness and implementation of recommendations
  • Budget allocation and resources
  • Timing and external economic factors
  • Client’s industry and target audience
  • Third-party platform algorithms and policies

By engaging our services, you acknowledge that results may vary and that past performance or case studies do not guarantee future results for your business. Any projections, forecasts, or estimates provided are for planning purposes only and should not be interpreted as guaranteed outcomes.

4. PAYMENT TERMS

4.1 Pricing, Billing Models, and Invoicing

Payment terms for services are specified in your individual service agreement, proposal, or statement of work. Services may be billed on various bases, including:

  • Monthly Retainer / Retainership: Fixed monthly fee for ongoing services (often for fractional

CMO, marketing strategy, execution oversight, and/or accountability services)

  • Project-Based Fees: One-time or milestone-based payments for specific projects (e.g., audits,

launches, campaign builds, website-related marketing support, print campaign coordination)

  • Hourly Consulting: Fees based on time spent at agreed-upon hourly rates
  • Subscription Services: Recurring charges for ongoing access to specific services or deliverables

All fees are stated in United States Dollars (USD) unless otherwise specified.

4.2 Payment Methods, Due Dates, and Autopay

Invoices are due and payable according to the terms specified in your service agreement, typically within fifteen (5) days of invoice date unless otherwise stated. We accept payment via credit card, ACH transfer, check, or other methods as mutually agreed upon.

If autopay is enabled or required under your service agreement, you authorize Buzzworthy Media (and our payment processor) to charge your selected payment method for invoices, recurring retainers, subscriptions, approved expenses, and any past-due amounts, in accordance with your agreement.

4.3 Late Payments; Suspension

Late payments may be subject to a late fee of one and one-half percent (1.5%) per month (or the maximum amount permitted by Florida law, whichever is less) on the outstanding balance. If payment is more than thirty (30) days overdue, we reserve the right to suspend services until payment is received in full. The suspension of services does not relieve Client of payment obligations, and timelines/deliverables may be adjusted as a result.

4.4 Taxes

All fees are exclusive of applicable federal, state, and local taxes, levies, or duties. Client is responsible for payment of all such taxes (except taxes based on Buzzworthy Media’s net income). If we are required to pay such taxes, Client agrees to reimburse us or pay the taxes directly.

4.5 Expenses; Third-Party Costs

Unless otherwise specified in your service agreement, Client is responsible for reimbursement of preapproved expenses incurred in connection with services, including but not limited to advertising spend, stock photography, third-party tools or subscriptions, printing costs, postage, event fees, and vendor charges.

Client acknowledges that third-party costs (including ad spend and print/mail costs) are typically

billed by third parties under their own terms and are not controlled by Buzzworthy Media. Client is solely responsible for such third-party costs unless otherwise agreed in writing.

5. NO REFUND POLICY

5.1 Retainer and Subscription Services

All monthly retainer fees and subscription payments are non-refundable. Services are provided

on a month-to-month basis, and fees paid for any given month compensate us for services rendered, availability, strategic planning, and work product created during that period.

5.2 Project-Based Services

For project-based services, payments made are generally non-refundable once work has commenced. If you wish to cancel a project after work has begun, you will be charged for all work completed up to the point of cancellation at our standard rates, and any remaining deposit may be refunded at our discretion based on work performed.

5.3 Advertising and Media Spend

Any third-party costs, advertising spend, media buys, or vendor payments made on your behalf are non-refundable.

5.4 Exceptions

Refunds may be considered on a case-by-case basis in the event of extraordinary circumstances or if we are unable to deliver services as outlined in the service agreement due to reasons within our control. Any refund requests must be submitted in writing within thirty (30) days of the relevant service period.

6. CLIENT RESPONSIBILITIES

To enable us to provide effective services, Client agrees to:

6.1 Timely Cooperation

  • Respond to requests for information, materials, and feedback in a timely manner
  • Provide access to necessary accounts, platforms, analytics, and systems
  • Attend scheduled meetings and strategy sessions
  • Review and approve deliverables within agreed-upon timeframes

6.2 Accurate Information

  • Provide accurate, complete, and up-to-date information about your business, products, services, and target audience
  • Notify us promptly of any changes to your business, brand guidelines, or strategic direction

6.3 Content and Materials

  • Provide necessary content, brand assets, images, logos, and materials as needed
  • Ensure all materials provided to us are accurate and do not infringe on third-party rights

6.4 Implementation

  • Implement recommendations and strategies in good faith
  • Allocate appropriate budget and resources as advised

6.5 Legal Compliance

  • Ensure that all information, products, and services marketed comply with applicable laws and regulations
  • Maintain all necessary licenses, permits, and authorizations for your business operations

Failure to fulfill these responsibilities may impact the effectiveness of our services and does not constitute grounds for refund or liability on our part.

7. INTELLECTUAL PROPERTY

7.1 Client Property

All trademarks, service marks, logos, trade names, and other proprietary designations owned by

Client (“Client Marks”) remain the exclusive property of Client. Client grants Buzzworthy Media a limited, non-exclusive license to use Client Marks solely for the purpose of providing services under the agreement.

7.2 Work Product

Unless otherwise specified in a separate written agreement:

  • Strategy and Concepts: Marketing strategies, frameworks, methodologies, and business concepts developed specifically for Client become Client’s property upon full payment of all fees
  • Creative Deliverables: Final creative deliverables (such as finalized social media content, email campaigns, graphics, and copy) created specifically for Client become Client’s property upon full payment
  • Tools and Templates: Proprietary tools, templates, processes, and methodologies used by Buzzworthy Media remain our intellectual property
  • Third-Party Content: Any licensed stock images, fonts, or third-party materials are subject to their respective licensing terms

7.3 Buzzworthy Media Property

All pre-existing intellectual property owned by Buzzworthy Media, including our proprietary methodologies, frameworks, diagnostic tools, templates, and processes, remain our exclusive property. Client receives no ownership rights to such materials except as expressly granted in writing.

7.4 Portfolio and Case Studies

Client grants Buzzworthy Media the right to use Client’s name, logo, and general description of services provided as part of our portfolio, case studies, and promotional materials unless Client expressly objects in writing or a separate written confidentiality or non-disclosure agreement provides otherwise.

8. CONFIDENTIALITY

8.1 Confidential Information

Each party may have access to confidential information of the other party, including business plans, financial information, customer lists, trade secrets, proprietary processes, and other non-public information (“Confidential Information”).

8.2 Obligations

Each party agrees to:

  • Maintain the confidentiality of the other party’s Confidential Information
  • Use Confidential Information only for purposes of the service relationship
  • Not disclose Confidential Information to third parties without prior written consent
  • Protect Confidential Information with the same degree of care used to protect its own confidential information, but in no event less than reasonable care

8.3 Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no breach of this agreement
  • Was rightfully known prior to disclosure
  • Is independently developed without use of Confidential Information
  • Is rightfully received from a third party without confidentiality obligations
  • Must be disclosed pursuant to legal requirement or court order

8.4 Survival

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

9. LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

BUZZWORTHY MEDIA’S SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY FLORIDA LAW, IN NO EVENT SHALL BUZZWORTHY MEDIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITIES, ARISING

OUT OF OR RELATED TO THESE TERMS OR THE SERVICES PROVIDED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Maximum Liability Cap

BUZZWORTHY MEDIA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES PROVIDED SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY CLIENT TO BUZZWORTHY MEDIA DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9.4 Third-Party Platforms

We are not responsible for the performance, policies, algorithm changes, or service interruptions of third-party platforms, including but not limited to social media platforms, email service providers, advertising networks, or other technology providers. Client acknowledges that such platforms may change their terms, policies, or functionality at any time, which may impact service delivery.

9.5 Vendor Performance

While we coordinate and oversee third-party vendors on Client’s behalf, we are not liable for the performance, non-performance, errors, or failures of such third-party vendors.

10. INDEMNIFICATION

Client agrees to indemnify, defend, and hold harmless Buzzworthy Media, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to:

  • Client’s breach of these Terms or any service agreement
  • Client’s violation of any law, regulation, or third-party rights
  • Content, materials, or information provided by Client
  • Claims that Client’s products, services, or business practices are unlawful, fraudulent, or infringe on third-party rights
  • Any misrepresentation made by Client
  • Client’s use or misuse of deliverables or work product

This indemnification obligation survives termination of the service relationship.

11. SMS COMMUNICATIONS (A2P 10DLC)

Buzzworthy Media LLC may send SMS (text messages) to individuals who have opted in to receive such communications. Text messages may include service-related updates, appointment reminders, scheduling confirmations, diagnostic report notifications, responses to inquiries, account-related information, and occasional marketing messages related to our marketing and visibility services.

11.1 Opt-In Choice (Consent)

By providing your mobile phone number and affirmatively opting in (for example, by checking an opt-in box, submitting a web form with SMS consent language, signing an agreement that includes SMS consent, or texting a keyword where applicable), you expressly consent to receive text messages from Buzzworthy Media at the number provided. SMS opt-in is optional and voluntary.

11.2 Message Frequency

Message frequency varies based on your account activity, service needs, and communication preferences.

11.3 Message and Data Rates

Message and data rates may apply based on your mobile carrier plan.

11.4 How to Opt Out (STOP)

You can opt out at any time by replying STOP to any message. After you opt out, you may receive one final confirmation message, and then no further SMS messages will be sent unless you re-opt in.

11.5 How to Get Help (HELP)

For help, reply HELP to any message, call us at 239-467-7040, or text us at 239-474-1606 (text-enabled) (or contact us using the information in Section 22).

11.6 Consent Not a Condition of Purchase

Your consent to receive SMS messages is not a condition of purchase and is not required to engage Buzzworthy Media’s services.

11.7 No Sharing of SMS Consent with Third Parties

SMS consent is not shared with third parties for their own marketing purposes. We do not sell or rent your SMS opt-in consent or phone number. We may use service providers to deliver messages on our behalf, but only for providing our SMS program/services.

11.8 Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

12. GOVERNING LAW

These Terms and any disputes arising out of or related to these Terms or the services provided shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of law principles. Any legal action or proceeding related to these Terms shall be brought exclusively in the state or federal courts located in Florida, and both parties consent to the jurisdiction and venue of such courts.

13. DISPUTE RESOLUTION

13.1 Informal Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the services provided, the parties agree to first attempt to resolve the matter through good faith negotiations.

Either party may initiate informal dispute resolution by providing written notice to the other

party describing the dispute.

13.2 Mediation

If the dispute cannot be resolved through informal negotiations within thirty (30) days, the parties agree to submit the dispute to non-binding mediation before a mutually agreed-upon mediator in Florida. Each party shall bear its own costs of mediation, and the parties shall share equally the fees of the mediator.

13.3 Arbitration

If mediation does not resolve the dispute within sixty (60) days of initiation, either party may elect to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration shall be conducted in Florida by a single arbitrator. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

13.4 Exceptions

Nothing in this section prevents either party from seeking injunctive or equitable relief in court for matters such as intellectual property infringement, confidentiality breaches, or other urgent matters requiring immediate judicial intervention.

13.5 Costs and Fees

The prevailing party in any arbitration or litigation shall be entitled to recover reasonable attorneys’ fees and costs.

14. MODIFICATION OF SERVICES

We reserve the right to modify, update, or discontinue any aspect of our services at any time. We will provide reasonable notice of material changes that affect active Clients. Continued use of services after such modifications constitutes acceptance of the revised service offerings.

Changes to services may include:

  • Adding or removing specific service offerings
  • Updating methodologies or processes
  • Changing tools or platforms used
  • Adjusting deliverable formats or schedule

Material changes to the scope of your specific service agreement will be communicated directly and will not take effect without mutual agreement or until the next renewal period.

15. TERM AND TERMINATION

15.1 Term

These Terms remain in effect for as long as you use our services or access our Site. Individual service agreements specify the term for specific engagements (e.g., month-to-month retainers, fixed-term projects, or ongoing subscriptions).

15.2 Termination by Client

Client may terminate a service agreement by providing written notice in accordance with the termination provisions specified in the individual service agreement. Unless otherwise stated:

  • Month-to-Month Retainers: Require thirty (30) days’ written notice; Client is responsible for payment through the end of the notice period
  • Fixed-Term Projects: May be terminated with written notice, but Client remains responsible for payment for all work completed and any non-refundable third-party costs incurred
  • Annual Agreements: May be subject to early termination fees as specified in the service agreement

15.3 Termination by Buzzworthy Media

We reserve the right to terminate services or these Terms at any time if:

  • Client breaches these Terms or any service agreement
  • Client fails to make timely payment
  • Client engages in conduct that is harmful, abusive, or contrary to our business values
  • Continued service is not feasible due to lack of Client cooperation
  • Required by law or legal obligation

We will provide reasonable notice of termination unless immediate termination is necessary due to material breach or legal requirement.

15.4 Effect of Termination

Upon termination:

  • Client remains responsible for all fees incurred through the effective termination date
  • All outstanding invoices become immediately due and payable
  • Buzzworthy Media will deliver any completed work product upon receipt of full payment
  • Buzzworthy Media may retain copies of work product for our records
  • Provisions regarding confidentiality, intellectual property, limitation of liability, indemnification, and dispute resolution survive termination

15.5 Transition Assistance

Upon Client’s request and subject to payment of applicable fees, we may provide reasonable transition assistance to help Client transition to self-management or a new service provider.

16. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials. The affected party will notify the other party as soon as practicable and will use reasonable efforts to minimize the impact of such events.

17. INDEPENDENT CONTRACTOR RELATIONSHIP

Buzzworthy Media is an independent contractor and not an employee, partner, or joint venturer of Client. Nothing in these Terms creates an employment relationship, partnership, franchise, or agency relationship. Neither party has authority to bind the other or incur obligations on behalf of the other.

18. ASSIGNMENT

Client may not assign or transfer these Terms or any service agreement without our prior written consent. We may assign or transfer our rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets. These Terms bind and inure to the benefit of both parties and their permitted successors and assigns.

19. ENTIRE AGREEMENT

These Terms, together with any service agreement, statement of work, proposal, or other written

agreement executed between the parties, constitute the entire agreement between Client and Buzzworthy Media regarding the subject matter hereof and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

In the event of any conflict between these Terms and a separate service agreement, the service agreement shall control with respect to the specific services covered by that agreement.

20. SEVERABILITY

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the intent of the parties.

21. WAIVER

No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

22. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact us:

Buzzworthy Media LLC

Website: https://youarebuzzworthy.com

Email: bizy@youarebuzzworthy.com

Main Phone: 239-467-7040

Text-Enabled Number (for SMS): 239-474-1606

Address: 7901 4th St N #29315, St. Petersburg, FL 33702

For legal notices, please send written correspondence to the address above, Attention: Legal Department.

23. ELECTRONIC COMMUNICATIONS

By using our services, you consent to receive communications from us electronically. We will communicate with you by email, text message (if you have opted in), or by posting notices on our Site or through your account portal. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

24. AMENDMENTS TO TERMS

We reserve the right to modify these Terms at any time. We will notify active Clients of material

changes by email or through prominent notice on our Site at least thirty (30) days before the effective date of changes. Your continued use of our services after the effective date of revised Terms constitutes acceptance of those changes.

The current version of these Terms will always be available on our Site with the effective date clearly indicated. We encourage you to review these Terms periodically.

By engaging Buzzworthy Media’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions.